RAJIV SAHAI ENDLAW, J.

CM No. 24272/2017 (for exemption)

1. Allowed, subject to just exceptions.

2. The CM stands disposed of.

CM (M) No. 699/2017

3. This petition under Article 227 of the Constitution of India impugns the order dated 24th May, 2017 of the Senior Civil Judge (West), Tis Hazari Courts, Delhi in MCA No. 4/17 of dismissal of an appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) preferred by the petitioner/plaintiff against the order dated 19th January, 2017 (of Civil Judge-06 (West), Tis Hazari Courts, Delhi in CS No. 84/2016 (Case No. 12776/2016) of dismissal of an application filed by the petitioner/plaintiff under Order XXXIX Rules 1&2 of the CPC.

4. The petitioner/plaintiff claims to be the co-owner along with his step brothers, respondents/defendants no. 1&2 of certain immoveable properties. The respondents/ defendants no. 1&2 dispute that the petitioner/plaintiff is the co-owner; they claim themselves to be the exclusive owners of the property.

5. The petitioner/plaintiff entered into an Agreement with the respondent no. 3 Reliance Infratel Limited permitting respondent no. 3 Reliance Infratel Limited to install their cellular phone