NAVENDU AGGARWAL vs ISHENDU AGGARWAL

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03rd September, 2025 + CM(M) 311/2023 & CM APPL. 9448/2023 NAVENDU AGGARWAL .....Petitioner Through: Mr. Gobind Malhotra, Mr. Lovish Sharma, Mr. Rehan Saifi, Mr. Gurpreet Singh, Ms. Namrata Malhotra and Mr. Avneet Kaur, Advocates. versus ISHENDU AGGARWAL .....Respondent Through: Mr. Sudeep Singh, Mr. Akul Mehandru and Mr. Vaibhav Mehal, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Mr. Bal Krishana Aggarwal (since deceased) had two sons and a daughter. 2. One such son i.e. Mr. Ishendu Aggarwal (respondent herein) filed a suit seeking mandatory and permanent injunction against his brother Mr. Navendu Aggarwal (petitioner herein) and his wife. 3. Mr. Ishendu Aggarwal, in his such suit, averred that he was in peaceful possession of front room/shop measuring 12’ x 9’ situated in front portion of DDA flat bearing No. C4G/24A, Ground floor, Janakpuri, New Delhi since year 2002. The flat was owned by his father and such shop was also constructed by his father. Signature Not Verified Digitally Signed CM(M) 311/2023 1 By:DINESH CHANDRA Signing Date:04.09.2025 19:45:06 4. His father, on account of nuisance of his other son debarred him from his properties by virtue of a public notice and, in terms of registered Will dated 18.09.2019, said flat, including the suit shop measuring 12’ x 9’, had been bequeathed to him and his sister, to the exclusion of the other son i.e. Mr. Navendu Aggarwal (petitioner herein). 5. His father died on 11.07.2020 and said shop and flat continued to be in his exclusive possession. 6. As per plaint in question, on 08.01.2021, in the absence of the plaintiff, the defendants broke open the lock and entered into the part of the suit property and took forceful and