Jayant Nath, J.

1. By the present petition under Article 227 of the Constitution of India the petitioner seeks to impugn the order dated 1.10.2013 by which the preliminary issue framed regarding limitation was decided against the petitioner.

2. The respondent/plaintiff has filed the present suit for declaration and mandatory injunction. As per the plaint the respondent has purchased 1/3rd undivided share each in the property except the shop on the ground floor bearing No.24, Patel Road, West Patel Nagar, New Delhi which property was purchased vide registered sale deed dated 18.11.2009. An agreement to sell dated 15.5.1991 had already been entered into in respect of shop No.1 on the ground floor with M/s. Delhi Tyres and by virtue of the said agreement to sell rights have been transferred to the petitioner. The case of the respondent is that the petitioners are violating the terms and conditions of the agreement to sell dated 15.5.1991 and have encroached upon open areas in front of the said Shop No.1. They have installed water connection in the said shop No.1 which is in breach of the terms of the agreement and they have also made unauthorised and illegal construction. Henc