Najmi Waziri, J.

1. By this petition filed under Article 227 of the Constitution of India, the petitioner impugns an order dated 5.11.2012 passed in an appeal, which resultantly set aside the order dated 1.8.2012 passed by the learned Civil Judge.

2. The case of the petitioner is that the respondent/plaintiff had filed a civil suit seeking reliefs of mandatory and permanent injunction as well as compensation/damages of Rs.1.85 lacs from the petitioner/defendant. The respondent/plaintiff is the exclusive and absolute owner of the third floor of property bearing No.C-10/8B, Krishna Nagar, Delhi-110051 on the basis of a Sale Deed dated 29.6.2011, executed in his favour by the petitioner. The respondent/plaintiff had contended that he was illegally deprived of the use and facility of the lift installed in the aforesaid property and had sought a direction against the present petitioner (defendant) to allow the plaintiff and his family members to use the lift without any hindrance or obstacle. In his written statement (WS), the petitioner/defendant had stated that the suit was not maintainable since the Sale Deed conveying the third floor flat to the plaintiff/respondent did not in