JUDGMENT :

[VIA VIDEO CONFERENCING]

CM (M) 304/2021, CM APPL.13683/2021 (by the petitioner u/S 151 CPC for stay)

1. This petition has been filed by the plaintiff before the learned Trial Court under Article 227 of the Constitution of India praying that the impugned order & judgment of the Additional District Judge/Appellate Court dated 30th January, 2021 be set aside and as a consequence thereof, allow the application under Order XXXIX Rule 1 & 2 CPC filed by the petitioner/plaintiff and grant temporary injunction against the respondent No.1/Delhi Development Authority (‘DDA’) restraining it from demolishing the premises in question till the suit was decided.

2. The facts as are relevant for the disposal of the present petition are that the petitioner/plaintiff had filed a suit against the respondent No.1/DDA and respondent No.2/Delhi Waqf Board (‘DWB’) for a decree of permanent injunction against respondent No.1/DDA from illegally dispossessing the petitioner/plaintiff from the suit property which he described as T-35/10, Ward No.8, Pankhe Wali Masjid, Khasra No. 1151/3 (Min.), Mehrauli, New Delhi.

3. The case setup by the petitioner/plaintiff was that the suit property was a Muslim re