JUDGMENT

Shalinder Kaur, J. - The present petition has been filed under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter 'CPC') whereby the order dated 05.10.2023 passed by the Learned Additional District Judge, South East, Saket Court, New Delhi in MCA DJ No.19/2018 titled as 'Subey Singh vs Delhi Development Authority' is impugned.

2. Vide the impugned order, the petitioner's application under Order XXXIX Rule 1 & 2 of the CPC seeking interim injunction against the respondent was dismissed.

Factual Background:

3. A narration of facts relevant to the present case are that the petitioner had filed a suit for permanent injunction, restraining the respondent from dispossessing and demolishing the property bearing No.N-13, T Huts, Khirki Village, New Delhi (hereinafter 'suit property'), admeasuring 323 square yards, where the petitioner has been peacefully residing.

4. The petitioner also filed an application under Order XXXIX Rule 1 & 2 seeking interim injunction thereby restraining the respondent from dispossessing the petitioner from where he is currently residing.

5. On 13.03.2018, the respondent tried to demolish the suit