Smt Ravinder Kaur Sethi & ANR. v. Lalit Sharma & ORS.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1013/2024 & I.As. 48699/2024, 48700/2024, 113/2025, 8956/2025, 8957/2025, 8956/2025 SMT RAVINDER KAUR SETHI & ANR.

.....Plaintiffs Through:

Mr. Arun Maitri and Ms. Radhika Chandrasekhar, Advocates versus LALIT SHARMA & ORS.

.....Defendants Through:

Mr. Kanwal Chaudhary, Mr. S. S.

Chadha and Mr. Ankit Kumar, Advocates for D-3

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 14.05.2025 1.

Learned counsel for the plaintiffs states that in view of the Local Commissioner's report dated 07.04.2025 and the submission of defendant no. 3 that he is not in possession of the property bearing no. A-60, Village Yakutpur, New Delhi-110052 ('suit property'), the plaintiff seeks liberty to withdraw the present suit and avail its remedies against Mr. Vikas Sharma to whom defendant no. 3 has sold his 50% share by entering into an Agreement to Sell ('ATS') dated 15.06.2023.

2.

He states that the Local Commissioner's report dated 07.04.2025 confirms that the plaintiff no. 2 is in actual physical possession of the suit property and has engaged the services of the security guard for keeping watch and guard on the suit property.

3.

He states that since the suit was filed upon an apprehension of interference in possession of plaintiffs by defendant no. 3 and since The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:24:07 CS(OS) 1013/2024

defendant no. 3 is left with no right, title and interest in the suit property, therefore, the plaintiff seeks liberty to withdraw the present suit 4.

Mr. Chaudhary, learned counsel for the defendant no. 3 states that defendant no. 3 is left with no right, title or interest in the suit property and therefore, cannot interfere in the possession of the plaintiff in the suit property.

5.

The submissions of the plaintiff and defendant no. 3 are taken on record.

6.

This Court has perused the Local Commissioner's report dated 07.04.2025, which categorically records that at the time of the inspection of the suit property on 22.03.2025, she found that plaintiff is in possession of the suit property and her security guard present at the spot. 7.

The suit is accordingly disposed of in terms of the findings of possession of Local Commissioner's report dated 07.04.2025 in favour of the plaintiff and against defendant no. 3.

8.

Pending applications stand disposed of.

9.

Interim orders, if any, shall stand merged with this final order. 10.

The future dates stand cancelled.

MANMEET PRITAM SINGH ARORA, J MAY 14, 2025/rhc/ms Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:24:07 CS(OS) 1013/2024