Manmohan Singh, J.

1. Issues in the matter were framed on 20.05.2011. As per the said order, issue No. 1 is to be treated as preliminary issue which read as under:

Whether the suit for mandatory injunction is maintainable in view of the fact that the Plaintiff is not in the physical possession of suit property? OPP

2. The court has heard the matter on the issue of maintainability of the suit for mandatory injunction in the absence of relief of possession of the suit property bearing Shop bearing No. 22 (Ground Floor), Archana Shopping Complex, Greater Kailash, New Delhi-1100 48 and the case has been reserved for orders.

3. The Plaintiff has filed the present suit, inter alia, for perpetual and mandatory injunction against the Defendants, regarding a shop/showroom bearing No. 22, Archana Shopping Complex, Greater Kailash-I, New Delhi (hereafter referred to as "the Suit Property").

4. The Plaintiff and Defendant No. 1 are husband and wife. It is the case of the parties that the suit property is owned by the Plaintiff which is in his name and is not disputed by the Defendants. At present he is not in physical possession of the same.

5. From perusal of the plaint and particularly par