SH. DEEPAK TARA vs SH. BAIJ NATH TARA & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd JANUARY, 2026 IN THE MATTER OF: + I.A. 30625/2024 IN CS(OS) 73/2019 SH. DEEPAK TARA .....Plaintiff Through: Ms. Neeha Nagpal and Mr. Nikunj Mahajan, Advocates and Plaintiff in person. versus SH. BAIJ NATH TARA & ORS. .....Defendants Through: Mr. Rajat Aneja, Mr. Saubhagya Chauriha, Mr. Aditya Sharma, Advocates for D-2 to 5. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT I.A. 30625/2024 1. This is an Application under Order XXXIX Rule 1&2 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking ex parte ad interim injunction, restraining the Defendants from restricting and obstructing the right of the Plaintiff/Applicant to access/enjoy the Suit Property and specifically the room on the ground floor as shown in red colour in the Site Plan attached with the Plaint. 2. The instant Suit is one for declaration, partition and injunction, that the Plaintiff is entitled to 1/7thshare of the property being A-23, Nizamuddin Signature Not Verified Signed By:HARIOM CS(OS) 73/2019 Page 1 of 8 SINGH KIRMOLIYA Signing Date:24.01.2026 20:31:27 East, New Delhi-110013(“Suit Property”) for partition of the Suit Property by metes and bounds and putting the Plaintiff in possession of his 1/7th share. 3. It is the case of the Plaintiff that a Perpetual Lease Deed dated 05.01.1961 with the respect to the Suit Property was executed in favour of Late Dwarka Nath Tara.Further, a Conveyance Deed dated 09.12.1999, was executed by the competent authority, i.e., the Land & Development Office (L&DO), in favour of Late Dwarka Nath Tara with respect to the Suit Property. 4. It is stated that Dwarka Nath Tara passed away on 20.02.2001 leaving behind his wife and children. It is the case of the Plaintiff that the S