Dushyant Chikara vs Zeeshan Ali - 2024 Supreme(Del) 895

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Del) 895

MANMEET PRITAM SINGH ARORA
Dushyant Chikara – Appellant
Versus
Zeeshan Ali – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Plaintiff in person alongwith his wife Mrs. Bhawna Malik
For the Respondent: Mr Mukul Gupta, Sr Adv., Mr Tushar Gupta, Mr Sumit Mishra, Mr Parinay Gupta, Advs., Mr. M.A. Inayati, Adv.

JUDGMENT :

MANMEET PRITAM SINGH ARORA, J:

I.A. 37063/2024 (application under order VII Rule 11 CPC)

1. This is an application filed by the defendant no. 2 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) seeking rejection of the plaint.

Background of the case

2. The present suit has been filed by the plaintiff seeking a declaration that the plaintiff is the owner of the property i.e. B-100, Second Floor, Gulmohar Park, Delhi measuring 300 Sq. yds. (‘suit property’) on the premise that the plaintiff has been in continuous possession of the suit property since January, 2007 to the knowledge of the recorded title holder, late Sh. S.K. Zaman.

2.1. The plaintiff has also sought a decree seeking permanent injunction restraining the defendant nos. 1 and 2 from (i) interfering in the possession of the plaintiff over the suit property; (ii) representing themselves as owner of the suit property; and (iii) from creating any third-party interest in respect of the suit property.

2.2. This suit was initially filed before the Court of learned ADJ-06, South, Saket as CS DJ No. 305/2024 (‘Trial Court’), however, as the matter in issue and the suit property was identical to the matters