$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010207252026 + FAO 154/2026, CM APPLs. 31350/2026, 31351/2026, 58645/2026, 58646/2026 NARESH CHAND SHARMA .....Appellant Through: Mr. Ayush, Mr. Atul Chauhan, Advocate versus MAHESH CHAND SHARMA & ANR .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 01.09.2026 1. By way of the present appeal filed under Order XLIII Rule 1 (R) Civil Procedure Code, 1908 (“CPC”), the appellant seeks to assail the order dated 20.01.2026 passed by the learned Trial Court whereby the application filed by the appellant/plaintiff under Order XXXIX Rule 2A CPC came to be dismissed. 2. Notably, on the suit being instituted, the learned Trial Court considered the accompanying application filed under Order XXXIX Rule 1 & 2 CPC and, on 04.04.2024, passed the status quo order and inter alia observed as under:- “10. Further, it is also clear that balance of convenience also lies in favour of the plaintiff and irreparable loss shall be caused to the plaintiff if interim relief restraining the defendants from creating third party interest in the suit property is not granted to the plaintiff. Hence, defendant is restrained from creating any third party interest in the suit property i.e. shop no.389lB-7, 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 08/09/2026 at 11:48:16 Leelaram Market, Masjid Moth, New Delhi. Nothing stated in this order shall affect the final outcome of the case…” 3. The subject application under Order XXXIX Rule 2A CPC came to be filed with the allegation that, after passing of the order, the defendants/respondents carried out unauthorized construction by installing a shutter and encroached upon the common passage/open area, thereby altering the nature of the suit property and blocking access to the plaintiff’s shop from one side. 4. On a plain reading of the order of status quo, it is evident that the restraint was limited to the defendants who were directed not to create any third party right in the suit property. As per considered case of the appellant, no third party rights have been created. 5. In view of the aforesaid, I find no ground to interfere with the impugned order. The appeal, along with pending applications, is dismissed. However, the appellant/plaintiff is at liberty to approach the Trial Court seeking modification of the initial order of status quo. MANOJ KUMAR OHRI, J SEPTEMBER 1, 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 08/09/2026 at 11:48:16