Disposed¶39

Rakesh Duggal (through Lrs) v. Sharda Duggal (through Lrs) and Anr.

Delhi HC1 Dec 2025FAO/336/2025

Case brief

AI extract

What is this about?

FAO 336/2025; Delhi High Court; Chandrasekharan Sudha, J.; Order 43 Rule 1(r); Section 104 CPC; Order 39 Rule 1 CPC; interim injunction; ad-interim restraint on commercial activity; ground floor of suit property; lease deed dated 29.04.1949; preservation of property pending suit; livelihood of defendant; liberty to seek modification before trial court; appeal disposed of on 01.12.2025.

What did the court decide?

Appeal disposed of; the trial court's interim injunction restraining the appellant/defendant from carrying out commercial activity on the ground floor of the suit property shall continue till the disposal of the suit; parties left at liberty to seek modification before the trial court. ¶39

Rakesh Duggal (through Lrs) Vs Sharda Duggal (through Lrs) and Anr. — Delhi HC (2025) — LawSathi Research

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$~50

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO 336/2025

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RAKESH DUGGAL (THROUGH LRS) .....Appellants Through: Mr. Mohd. Amanullah, Mr. Misbah Bin Tariq, Mr. Azhar Ali, Ms. Suphia Maque and Mr. Pradeep Routela, Advocates

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Versus

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SHARDA DUGGAL (THROUGH LRS) AND ANR

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.....Respondents Through: Mr. Rajat Anena and Mr. Aditya Sharma, Advocates

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CORAM:

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HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

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O R D E R % 01.12.2025

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CM APPL 75307-08/2025 (Exemptions)

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Allowed, subject to all just exceptions.

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The applications stand disposed of.

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FAO 336/2025 and CM APPL 75309/2025

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The present appeal has been filed under Order 43 Rule 1(r) read with Section 104 of the Code of Civil Procedure, 1908 (the

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This is a digitally signed order.

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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 04/12/2025 at 11:30:44

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CPC), challenging the order dated 16.10.2025, by which an application under Order 39 Rule 1 CPC filed on behalf of respondent no. 1/plaintiff was allowed, and the appellant/defendant was restrained from carrying out any commercial activity on the ground floor of the suit property during the pendency of the suit.

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Issue notice.

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The learned counsel appearing on behalf of the

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respondents accepts notice.

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It is submitted by the learned counsel for the

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appellant/defendant that, as of now, no commercial activities are

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being carried out; however, the appellant/defendant may, in the future, start commercial activities on the ground floor of the suit property, as the same is necessary for her livelihood.

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On the other hand, it is submitted by the learned counsel

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for the respondents that the lease deed dated 29.04.1949 does not

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permit the use of the ground floor for commercial activities, and hence, the trial court granted the order of injunction, which suffers

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This is a digitally signed order.

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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 04/12/2025 at 11:30:44

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from no infirmity.

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Heard both sides.

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During the course of arguments, the learned counsel for

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the appellant/defendant was asked whether it could be stated in writing that no commercial activity is being carried out presently in the disputed property. However, it is submitted that such a statement cannot be given in writing. It is reiterated that the appellant/defendant may require the premises to be put to commercial use in the future to sustain herself.

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In these circumstances, I find that there is no infirmity in the interim order of injunction granted by the trial court, as the preservation of the property till the disposal of the suit is necessary. Therefore, the order of injunction granted by the trial court shall continue till the disposal of the suit.

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It is made clear that in case any modification is required,

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the parties will be at liberty to move the trial court in accordance with law, if they are so advised.

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This is a digitally signed order.

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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 04/12/2025 at 11:30:44

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The appeal is accordingly disposed of in the aforesaid

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terms. Application(s), pending if any, stand closed.

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CHANDRASEKHARAN SUDHA, J

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DECEMBER 1, 2025 p’ma

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This is a digitally signed order.

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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 04/12/2025 at 11:30:44

Rakesh Duggal (through Lrs) v. Sharda Duggal (through Lrs) and Anr.

Case brief

What is this about?

What did the court decide?

Rakesh Duggal (through Lrs) v. Sharda Duggal (through Lrs) and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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