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! ' '

ADE COUR 1· OF' SH. MANISH S~RMA, LD.

J, WEST, TIS HAZARI COURTS, DELHI
0
c.s. NO.
• lli..THJ~ MA11'ER OF:-
CHANDAN SHARMA ... PLAINTIFF
i

VERSUS ·.

YUOESH SHARJ\ti/\ : ..DEFENDANT

D.0.H: 19.09.2022
. '

·APPLICATION U/S.151 C.PC ON.BEHALF OFT~

DEFENDANT. · SEEKING: PERM·ISSION FOR
JN_STALLATION ··cAMERAS ON GROUND FLOOR
AfJ:D FIRST FLOOR.

MOST .RESPECTFULLY SHOWETH:-

'~
.
.. -·-· . .,.,___ ·-· ·=.;;;...=..;~ - - -·--
. ·. .
· '/-1 ;.1t the a bove titled suit has been filed 1:>y the

':1/ainlilf
.
ag,. tinst. the defc~1dant and
.. . ·. ,
·the. said .
. 1 cisc is pending before this Hort~le Court and
:ixed for 19 09.2022.
·) That the facts··of the case is that the mother of
:he parties executed cl: registered Will· in favour
' .
•>f the defendant in respect of the. property
i;earin~ No'. l00/91\ Gali No. ~' East S~garpur,
~· )elhi..:1100,·+6 and on knowing to the said facts,
: Iw plaintiff started .to harassing the defendant

•,nd due to the said reason, the. defendant filed

l suit for permanent and mandatory injunction
•
against the plaintiff and the said suit is
 p<: nding b~fore t.ht•, Ld. Civil Judge, West, Tis
·}hzari, Delh 1.
3. Tl m:t in the snit filed by th~ defendant titled as
, , ngesh Sh,a rma V$. Chandan Sharm.a v the
court of Sh . Pranav Joshi gr~ted ad-interim
. .
ir:junction i11 favour of the cfofendant according
1i the site nl ;m ~ilcd by the defendant alongwith
I I le
suit.
4 That even · after gra0tit1g_ the ad-interim
iJ 1jun ction in··favot1t of the defend.ant by the Ld.
Ci~il ,Judge, West, Tis -: Hazari Courts, D~lhi,:- the·
.plaintiff as .weli- as _his wife creating n~s~ce
.· a nd t:h~eatening to the defe~dru;rt and his wife
: whenever they :~re visiti~g· the premises i.e:
. property bearimg No: l00/9.1, . Gali No. 2, East
Sagarpur. i'De lhi- l ..i 0046 a~d due to this reason
• the defendan~ was· for_
c ed tp reside at' M\lndka,
Delhi in another property with his wife. !

as. his wif¢. regularly

• • ~ ' A , ..

5. ' . . as ;well
That ,•the plaintiff ' :

threatening ,it~. t~e ,d~fe_n ~ant that i. they will _

break open : th<~ . locks . of the portion in
pos~ession of the defendant Le.· .ground floor
:ind first lloor of the property .·bearing No.
I 00/9.1.,. Gnli No, 2, Easti ~agarpur, Delhi·
l l 0046,' Fi 1rther, they '. are threatening to his
IJ
r,enant who is ·residing \qri. the grou~d floor of
the premises under • the tenancy of the
 de~ d . · .· .
en ant and the said
. . tenant
: . has filed a .pohce
..
com.plaint ,.,:1g:unS
- · . t the
- ·plaintiff
· and his wife for
the threat· a· s we - .·11 as
. · .the
. . nuisance
. · ,.created by
the rn. ·
That the plaintiff' has been: regularly
threatening and creati1~g · nui~ance in the
• I

portions Le. ground :tlooi. 2trid first floor of the

; ' '. .

p roperty- bearing ·No. 1O0/9J,'. Gali_No; 2, East > ,

Sagarpur; .belhi-110046 of\he defendant. The

to
, ,

de fendant
.
tried
. instill
. .
the CCTV cameras in . .
. .

his portfoni.e. ~round •f1oor and first floor of the

property hit,f the . pl~tiff i~• obstructing the
de fendant from
. ..
installing
. .
the . cameras .as in
,; ase the· cam.e ras are install~d on the ground
and first Jloor of Jhe proper'ty of the
ci efe1'ldaht, nil the ill:eg~t- activities of the
. . '
-plaintiff and his ·wife would be captured in the
< c31nerasc n:nd d1ie to this reason, th~y are
<;bstructing the· defendant from instaliing the
cameras in the property.
7, . That· the. defendant in order ta· avoid ~uch
1 ·nnditions, wan,: to install the ~·am.eras on
ground an<;I first floor of the property from his
1 )Wn pod.re·,. s<, that the illegal activities of the
r,la.intiff as well as his ~ife could be captured to
bring the tn 1th of th.e errin~ person. Hence, this
.application .
 I·

. '

PRAYER
, lt is, therefore, most respectfully prayed that
tlii~ Hnn'b\e Co,,1.rt ma;, kindly be pleased to altow
thr dd·enda~t tn install cameras 01:1. the ground_ floor
nnd nr~t floo~ .o1 the pre·perty, in the itterest of

j1 l8 ticr .

Dli :LUI
· D.:\TI~D::1-~t,C
:l i'.20'22
'1.- :,:!

' ,-, , .

•
0

o·
 Civ DJ No.514/21
Chandan Sharma vs. Yogesh Sharma

08.09.2022
Present : Counsel for parties.
Heard on the application under Section 151 CPC seeking
permission to install cameras on .e:round
., ., tloo1· of property bearing
and fir.~·t
no.100/91, Gali No.2, East Sagarpur, Delhi-46
Defendant averred that mother of the parties executed a
registered Will in his favour in respect of property bearing no.100/91, Gali
No.2, East Sagarpur, Delhi-46. After gaining knowledge of the same,
plaintiff started harassing the defendants due to which, defendant herein filed
a suit for injuncticn against the plaintiff before Ld. Civil Judge, West. In
that suit, Ld.' Civil Judge, West granted ad-interim injunction in favour of the
defendants. Plaintiff and his wife harass the defendant and his wife whenever
they visit the aforesaid property. Plaintiff also extends threats to defendant's
tenant who is residing on the ground floor of the property.
The plaintiff has been regularly threatening and creating

nuisance in the portions occupied by the defendant i.e. ground floor and first
floor of the property bearing no. I 00/91, Gali No.2, East Sagarpur, Delhi-46.
Defendant is trying to install CCTV camera in his portion i.e. ground floor
and first floor of the property to capture the illegal activities of the plaintiff.
Plaintiff is obstructing him in installing the CCTV camera, It is thus prayed
that defeiidant may be permitted to install the CCTV camera on the ground

and first floor of the aforesaid property.

Cont. .. P/2
 -2-
Civ DJ No.514/21
Chandan Sharma vs. Yogesh Sharma
08.09.2022

No reply has been filed to this application. However, counsel

for plaintiff strongly opposed the application

Admittedly, defendant/applicant is not residing in property

bearing no.100/91, Gali No.2, East Sagarpur, Delhi-46. It is case of the
defendant that plaintiff is residing on one of floors of the aforesaid property.
On the other hand, plaintiff submits that he is in possession of the entire
property. In my opinion, since defendant is not residing in the property, it is
not appropriate to install CCTV camera on the ground and first floor of the
aforesaid property. Application under Section 151 CPC is dismissed.
Put up on the date fixed i.e. 19.09.2022.

(Manish Sharma)
Additional District Judge-0l(West)
Tis Hazari Courts, Delhi