Sunil Kumar Dawar Vs Rajender Pal Dawar & Ors. — Delhi HC (2026) — LawSathi Research

Sunil Kumar Dawar Vs Rajender Pal Dawar & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal and pending applications disposed of with liberty to the parties to make the prayer (for a preliminary decree of partition on the basis of the Family Settlement dated 10.06.1996) before the concerned Trial Court; the scheduled date of 01.04.2026 before the Joint Registrar stands cancelled.

Issue for consideration

Whether the Trial Court's dismissal of the appellant's application under Order 39 Rule 1 and 2 CPC seeking temporary injunction should be interfered with in this appeal.

Court's answer

In view of respondent no.1's statement that he honours the Family Settlement and has no difficulty in a preliminary decree of partition being passed on that basis subject to consent of other parties, the present appeal is disposed of, along with pending applications, with liberty to the parties to make the prayer before the concerned Trial Court.

Ratio / Principle

The already scheduled date of 01.04.2026 before the Joint Registrar stands cancelled.

Detailed headnote1 paragraphs

Delhi High Court (Manoj Kumar Ohri, J.), FAO 244/2022, order dated 03.02.2026 — Appeal against the order dated 23.08.2022 of the learned ADJ (05), South East District, Saket Courts, New Delhi, dismissing the appellant's application under Order 39 Rule 1 and 2 CPC for temporary injunction in a dispute concerning a Family Settlement dated 10.06.1996 between the parties, which, per the appellant, had not been acted upon and whose existence was denied by defendant no.1/respondent no.1 in other proceedings. During the hearing, respondent no.1 stated upon instructions that he honours the Family Settlement and has no difficulty in a preliminary decree of partition being passed on that basis by the learned Trial Court, subject to consent of the other parties. Held, disposing of the appeal, along with pending applications, with liberty to the parties to make the prayer before the concerned Trial Court; the already scheduled date of 01.04.2026 before the Joint Registrar stood cancelled. The Court did not adjudicate the merits of the injunction application.

$~26

IN THE HIGH COURT OF DELHI AT NEW DELHI

- FAO 244/2022, CM APPLs 41314/2022, 22155-56/2024, 29508/2024, 4271/2026

SUNIL KUMAR DAWAR .....Appellant Through: Mr. Mayank Dawar, Advocate.

versus

RAJENDER PAL DAWAR & ORS. .....Respondents Through: Mr. Anil Sharma and Mr. Arpit Sharma, Advocate for respondent no.1.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 03.02.2026

By way of the present appeal, the appellant seeks to assail the order dated 23.08.2022 passed by learned ADJ (05), South East District, Saket Courts, New Delhi, whereby the application filed by the appellant under Order 39 Rule 1 and 2 CPC was dismissed.

Learned counsel appearing for the appellant states that the present appeal has been necessitated on account of the impugned order vide which the learned Trial Court has dismissed his application seeking temporary injunction. He submits that the crux of the averments of the appellant is that the Family Settlement entered into between the parties on 10.06.1996 has not yet been acted upon. He further states that defendant no.1/respondent no.1, in the other proceedings, has denied the existence of the said family settlement.

Today, learned counsel appearing for defendant no.1 / respondent no.1 states, upon instructions, from the answering defendant no.1 that he honours

This is a digitally signed order.

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 06/02/2026 at 12:50:21

the Family Settlement and has no difficulty in case a preliminary decree of partition on the aforesaid basis is passed by the learned Trial Court, subject to consent of other parties.

In view of the aforesaid position, the present appeal is disposed of, along with pending applications, with liberty to the parties to make the prayer before the concerned Trial Court.

The already scheduled date of 01.04.2026 before the Joint Registrar stands cancelled.

MANOJ KUMAR OHRI, J

FEBRUARY 3, 2026/ rd

This is a digitally signed order.

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 06/02/2026 at 12:50:21