Rajinder Parkash Bhardwaj And ANR v. Sandeep Bhardwaj And Others
"#$$
% "& ' '(!))'&*%"&"
) '
$$$
"
'!
+ '!,!
-"&
.)'&*%"& ) '!
$$$
!.
"& "!
!
CM-1455-CWP-2025 Application is allowed, as prayed for.
CM-1454-CWP-2025
!
" #$$
#$%
!
" #$$
#$%
&
"
1.
In the present petition, the grievance being raised by the petitioners-senior citizens is that they are the exclusive owner of the House No. 207, Sector-6, Karnal and keeping in view the fact that the relations between the petitioners and their son as well as daughter-in-law, who have been impleaded as respondents No. 1 and 2 are not cordial and various litigation have been initiated by both the parties against each other including the filing of complaint dated 22.06.2022 (Annexure P-9) for theft by the petitioners against their son, Sandeep Bhardwaj-respondent No. 1. Further FIR was also lodged at the intervention of the Court and the daughter-in-lawrespondent No. 2 filing a complaint for the domestic violence against the petitioners-senior citizens.
The petitioners who are the senior citizens as both of them are more than 70 years old, claim that they are entitled to live in their house peacefully to the exclusion of the private respondents No. 1 and 2, hence, the order which has been passed by the authorities concerned dated 05.09.2022 (Annexure P-11) rejecting their claim only on the ground that the petitioners are living on the ground floor and the respondent No. 1son is living on the Ist floor, is no ground to direct eviction of the respondent No. 1-son and his wife, is liable to be set-aside. 2.
Learned counsel for the petitioners-senior citizens submits that keeping in view the deteriorating relations between the parties and constant litigation between them, the petitioners-senior citizens are not able to live peacefully in the house concerned, which is their exclusive ownership, hence, merely that the son is living on the Ist Floor does not mean that the
petitioners can live peacefully on the ground floor especially when both the parties come face to face everyday. Learned counsel for the petitionerssenior citizerns argues that the order dated 05.09.2022 (Annexure P-11) may kindly be set-aside and the application filed by the petitioners-senior citizens under Section 22(2) of '
(
) *+ $,,- .
/$,,- 01 &
%
4#
5
$,,-
'
& !
5
$,,-
:
9
4#
!
-
!
; $,- )#:
"
+
" 4#
#
<
#
=9>
*
!
?
! *
*( 4,7-:
$,4-
"
#
" $
% & & '
% $$ ,6 $,4?
! +
!
&
"
4#
&
#
9
"
5
4#
4#
=9>
*
=
!
!
'
"
#
! !
4,
=9>
'
9 * " $$:
* 9 "
&
$,,-
## ! ! ! "
!
#
#
> $#
5
; $,- )#:
4$
#
"
! # ! %, ,: $,$6
!
!
4%
!
!
/','01 -2 --