JUDGMENT (ORAL)

C. Hari Shankar, J.

1. This petition under Article 227 of the Constitution of India assails order dated 5th April 2022, whereby the learned Additional Senior Civil Judge ("the learned ASCJ") has allowed an application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) preferred by the respondent, as the plaintiff in the said suit.

2. A brief factual recital would be apposite.

3. CS 11012/2016, filed by the respondent against the petitioners, sought a restraint against the petitioners from dispossessing the respondent from the suit property located at WZ-75/3, Plot No. 87, Killa No.22, Sant Garh, Major Bhupinder Singh Nagar, New Delhi ("the suit property") and from demolishing the existing structure or making any other construction in its place.

4. On the ground that, despite an order of stay having been passed in CS 11012/2016, on 24th December 2010, restraining any construction being unauthorised construction from coming up on the suit property, the defendant in the suit was carrying out unauthorized construction thereon, the respondent filed an application under Section 343 of the Delhi Municipal Corporation Act, 1957. The learned ASCJ, on the sa