Chandra Dhari Singh, J. (Oral)

1. The instant revision petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter `CPC'), has been filed on behalf of the petitioner seeking the following reliefs:

"It is therefore most humbly prayed to this Hon'ble Court that the Impugned order dated passed by Learned Shri Arun Kumar Garg A.D.J.-05 Central, Tis Hazari Courts, Delhi in reference: Smt. Janak Kapoor Versus Rajeev Kapoor & Another in Suit No. 1515/2023 may please be Revised/Set aside.

b) This Hon'ble High Court may call for the Record of the Trial Court Case in Reference Mrs. Janak Kapoor Vs. Rajeev Kapoor & Another, pending in the Court of Sh. Arun Kumar Garg A.D.J. Tis Hazari Court Delhi for 9.8.2023 for orders.

c) & may Stay the further proceedings pending before Trial Court for 9.8.2023 or may pass such other order as this Hon'ble Court may deem fit & proper in the facts & Circumstances of the Case.

Or such other order as this Hon'ble Court may deem fit and proper be also passed in the facts and circumstances of the case in favour of the petitioner and against the Respondents No.1 & 2."

2. The relevant facts that lead to the filing of instant revision petition are reproduced herein:

i. The respondent No. 1 is the wife of Late Sh. Kewal Krishan Kapoor who expired on 24th April 1994. The Will dated 22nd August 1994, was executed by Late Sh. Kewal Krishan Kapoor in favour of the respondent No. 1. The petitioner and respondent No. 2 are the sons of respondent No. 1.

ii. The parties have been residing at the Suit Property since 1974 i.e., when it was purchased by the father i.e. Late Sh. Kewal Krishan Kapoor of the petitioner in the year 1974 vide a sale deed dated 18th December 1974.

iii. After the death of the father of the petitioner, the Suit Property was devolved upon the respondent No. 1 in accordance with the Will dated 22nd August 1994, and the name of the respondent No. 1 was mutated in the records of the Delhi Development Authority vide letter dated 21st November 1994. Pursuant to which, a conveyance deed dated 1st June 2012, was executed in favour of the respondent No. 1 by the Delhi Development Authority.

iv. On 3rd April 2015, the parties entered into the Collaboration Agreement with a builder for re-construction of the Suit Property. As per the said Collaboration Agreement, it was agreed among the parties that the respondent No. 1 will be the owner of the ground floor, first floor and the third floor with terrace right and along with other terms and conditions.

v. On 2nd November 2015, a gift deed was executed by the respondent No. 1 in favour of Mrs. Rooma Malhotra (daughter of the respondent No. 1) with respect to the third floor of the Suit Property.

vi. The petitioner has been residing on ground floor of the property and the respondent No. 2 has been residing on the first floor of the property.

vii. The respondent No. 1 i.e., the plaintiff before the learned Trial Court, filed a Civil Suit bearing No. 1515/2017, titled as Smt. Jank Kapoor v. Rajeev Kapoor & Ors., against the petitioner and the respondent No. 2 i.e., the defendants, in respect of the ground floor & first floor of the property bearing No. 8A/140, W.E.A., Karol Bagh, New Delhi admeasuring 161 sq. yds (hereinafter `Suit Property'). The plaintiff has prayed for the possession of the abovementioned portion of the Suit Property through a decree for mandatory injunction.

viii. The petitioner i.e., the defendant before the learned Trial Court had moved an application under Order VII Rule 11 of the CPC for rejection of the plaint which was dismissed by the learned Trial Court vide the impugned order dated 26th July 2023. Hence, the present petition.

3. Learned counsel appearing on behalf of the petitioner submitted that, the present petition has been filed against by the petitioner being aggrieved by the impugned order of the learned Trial Court dated 26th July 2023 whereby, the application of the petitioner under Order VII Rule 11 of the CPC w