Ramesh Kumar Suneja v. Mrs. Megha Choksey Ramchandani

$~A-6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT. CAS(C) 218/2019 and CMs 13413/2020, 41742/2019, 45419/2019 and 45425/2019 RAMESH KUMAR SUNEJA ..... Petitioner Through Mr. Rajat Aneja and Ms. Vandna Aneja, Advocates versus MRS. MEGHNA CHOKSEY RAMCHANDANI ..... Respondent / Contemnor Through Mr. Rajiv Bajaj, Advocate with Mr.

Kunal Ramchandani, husband of the Respondent

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 16.07.2020 Hearing has been conducted through Video Conferencing. Mr. Rajiv Bajaj, learned counsel for Respondent, on instructions, undertakes that keys of the first floor of the property, bearing no. E-14, G.K. Part-II, New Delhi-110048 will be handed over to Mr. Rajat Aneja, learned counsel for the Petitioner, at his office between 4 p.m. - 5 p.m today. Undertaking is accepted.

Mr. Kunal Ramchandani, who is husband of the Respondent, submits that he is the owner of second floor of the said property. The floors are built as a duplex and thus there is a passage to the second floor from inside the first floor. Mr. Ramchandani, therefore, submits that Petitioner must undertake that he will not encroach upon the second floor of the said property and likewise he would not encroach upon the first floor of the

property.

Mr. Aneja, on instructions from the Petitioner, submits that Petitioner is willing to undertake that he would not encroach upon the second floor and shall confine his possession to the first floor, of which he is the owner. Petitioner and Mr. Kunal Ramchandani will file affidavits, within three days from today, undertaking that neither of them would encroach upon each other's floor, in the above mentioned property. In addition, parties further agree that in order to block the passage from first floor to second floor, it would be desirable, in the interest of both the parties, that a partition is made in the passage between first floor and second floor. The modalities of constructing the partition are left to the parties, who may visit the property together and proceed with the same. Mr.

Kunal Ramchandani further submits that some of his articles, in the nature of furniture, electronic goods, etc. are lying in the second floor of the said property. Although the said floor is lying locked, he submits that it is in the interest of both parties that an inventory is made by him in the presence of Petitioner or his representative. Let inventory be made by Mr. Kunal Ramchandani, within a period of two days from today in the presence of Petitioner or his son or his representative. Inventory so prepared, will be filed in this Court, along with affidavit of undertaking, as aforesaid.

With the above observations, present Contempt Petition and the applications filed therewith, are disposed of. JYOTI SINGH, J JULY 16, 2020 yg