HIGH COURT OF DELHI: NEW DELHI

I.A. No. 10468/2009 in TEST CAS No. 51/2006

Date of Decision: September 03, 2009

SMT. VANDANA SEHGAL ..... Petitioner Through Mr. J.P. Sengh, Sr. Adv. with Mr. Ashish Agarwal, Adv.

versus

THE STATE & ORS. ..... Respondents Through Mr. Jayant Bhushan, Sr. Adv. with Mr. Simran Mehta, Adv. and Ms. Barnali Basak, Adv. for R 2 & 3.

CORAM: HON'BLE MR. JUSTICE S.L. BHAYANA

• 1. Whether reporters of local papers may be allowed to see the judgment? [YES]
• 2. To be referred to the Reporter or not? [YES]
• 3. Whether the judgment should be reported in the digest or not? [YES]

S.L. BHAYANA, J.

This is an application moved by the petitioner under Section 151 CPC read with the provisions of Order 39 Rule 1 & 2 CPC with a prayer to restrain the respondent nos. 2 and 3 from letting out and/or parting with the possession of any portion of the property bearing No. D-9/9, Vasant Vihar, New Delhi without the leave/permission of this Court. Learned counsel for respondent nos. 2 and 3 does not intend to file any reply to the application and wants to argue the matter.

2. Learned counsel for the petitioner has submitted that vide order dated 09.10.2006 passed by this Court, the parties were directed to maintain status quo in respect of suit property bearing No. D-9/9, Vasant Vihar, New Delhi and despite the orders of status quo by this Court, the respondent nos. 2 and 3 had let out a portion of the said property to the third party and therefore they are bent on violating

I.A. No. 10468/2009 in Test Cas 51/2006 Page 1 of 3

the said order and are going ahead to let out the portion of the said property to the third party. He further prays that the respondents be restrained from letting out any portion of the property to any tenants.

3. On the other hand, learned counsel for the respondents has submitted that when the order of status quo was passed by this Court, i.e. 09.1.2006, on the said date the property was already let out to the tenants and thereafter the property was vacated by the tenants and the respondents bonafidely believed that there would be no violation of status quo order if the said property was given on rent again upon the same terms and conditions and under that bonafide belief they again let out the property vide Lease Agreement dated 03.1.2007. He has further submitted that the mother of the respondents who is living with them is to be looked after by them and for that purpose, the property has to be let out to the tenants. It is prayed on behalf of the respondents that they may be permitted to let out a portion of the property in question to the tenants.

4. Arguments heard. Vide order dated 09.1.2006, this Court had directed both the parties to maintain status quo with regard to property bearing no. D-9/9, Vasant Vihar, New Delhi. It is also an admitted fact that on the said date, the property had already been let out to the tenants by the respondents but it was vacated thereafter and the respondents again let out this property vide Lease Agreement dated 03.1.2007 to the tenants and now those tenants have again vacated the property.

5. In the interest of justice, it is directed that the defendants shall not let out any portion of the suit property to any tenants without leave or permission of this Court.

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6. The application stands disposed of accordingly.

TEST CAS No. 51/2006

List before Joint Registrar for cross-examination of petitioner's witnesses on 15.10.2009.

S.L. BHAYANA, J.

September 03, 2009 KA