IMPORTANT POINT
The main legal point established in the judgment is that the petitioner's application for restoration of possession should be decided prior to the enforcement of the Trial Court's directions, and the operation of the impugned order was kept in abeyance until the petitioner's application is adjudicated upon by the Trial Court.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

CM APPL. 63572/2023 (for exemption)

Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of.

CM(M) 2024/2023 & CM APPL. 63571/2023

1. This petition filed under Article 227 of Constitution of India impugns the order dated 01.08.2023 passed by the Civil Judge (South-East), Saket Courts, New Delhi (`Trial Court') in the civil suit bearing CS No. 2741/2022 titled as 'Madhuri Goel Vs Chandra Prakash & Anr.' whereby, the Trial Court directed the Petitioner herein to amend her plaint to include the relief of declaration, possession and consequential relief of injunction.

1.1. The Petitioner herein is the plaintiff and the Respondents are the defendants in the said civil suit. The said civil suit has been filed seeking permanent injunction against the Respondents with respect to the property bearing no. E-135/5, Pul Prahladpur, New Delhi-110044 (`suit property')

2. The learned counsel for the Petitioner states that in the facts of this case, as per the averments made in the plaint, the Petitioner was in a constructive possession of the suit property through his tenants, as on the date of the institution of the suit.

2.1. He states that the tenants of the Petitioner were in possession of the suit property as on 08.03.2022.

2.2. He states that the Trial Court passed an ad interim order directing the parties to maintain status quo vide order dated 08.03.2022 passed by the Trial Court.

2.3. He states that the Petitioner has been dispossessed subsequently on 10.03.2022.

2.4. He states that the Petitioner has thereafter, filed an application on 12.04.2022 under Section 151, Code of Civil Procedure, 1908 (`CPC') seeking restoration of the possession of the suit property as the Respondents have illegally dispossessed the Petitioner in violation of the said status quo orders. He states that the said application is pending adjudication before the Trial Court. He states that the pleadings are complete in the matter.

2.5. He states that in view of the judgment of this Court in `Veena Devi & Anr. v. Praveen Kumar Gupta & Ors.', 2021 SCC OnLine Del 2862, the Petitioner would be entitled to the relief of restitution, if she satisfies the Court that she has been dispossessed by the defendants illegally on 10.03.2022.

2.6. He further states that in case he succeeds in the said application, the directions issued by the Trial Court vide impugned order dated 01.08.2023 would not be warranted.

3. None appears on behalf of the Respondent despite advance service.

4. This Court has considered the submissions of the learned counsel for the Petitioner and perused the record.

5. This Court finds merit in the submission of the Petitioner that her application under Section 151 CPC dated 12.04.2022 has to be decided prior to the enforcement of the directions issued by the Trial Court on 01.08.2023. If the Petitioner's assertions are found to be correct and she succeeds in the said application; there will be no occasion for her to seek the relief of possession as directed in the impugned order.

6. Accordingly, the operation of the impugned order dated 01.08.2023 is kept in abeyance, until the Petitioner's application under Section 151 CPC dated 12.04.2022 is adjudicated upon by the Trial Court.

7. It is however, directed that in the event the said application dated 12.04.2022 is dismissed by the Trial Court; the Petitioner herein will become liable to amend her plaint within four (4) weeks thereafter; to comply with the directions of the Trial Court's impugned order dated 01.08.2023.

8. The matter is stated to be listed before the Trial Court on 12.12.2023. The learned Trial Court is requested to hear and decide the application dated 12.04.2022 preferably within a period of two (2) months from the said date of the hearing.

9. With the aforesaid direction, the petition stands disposed of along with the pending applications.

10. The digitally signed copy of this order, duly uploaded on the official web