JUDGMENT

[VIA VIDEO CONFERENCING]

I.A. Nos. 5310/2020 (by the plaintiff under Order XV-A read with Order XXXIX Rule 10 and Section 151 CPC for interim relief) & 1612/2021 (by the defendant under Order VII Rule 11 read with Section 151 CPC for rejection of the present suit)

1. The two applications, one being I.A. No.5310/2020 filed by the plaintiff under Order XV-A read with Order XXXIX Rule 10 and Section 151 CPC for interim relief, and another being I.A. No.1612/2021 filed by the defendant under Order VII Rule 11 read with Section 151 CPC for rejection of the present suit, will be disposed of by this common order.

2. The suit has been filed by the plaintiff/Apnaghar Builders Pvt. Ltd seeking possession, damages/mesne profit and permanent injunction against the defendant/Intense Fitness and Spa Pvt. Ltd. in respect of property bearing No.C-2/10, Safdarjung Development Area, New Delhi- 110016.

3. The defendant by means of the application under Order VII Rule 11 CPC has sought the rejection of the plaint on the ground that the suit could not have been instituted as an ordinary suit. Mr. Ritesh Agrawal, learned counsel for the defendant, submitted that the plaintiff was relying on