JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

2. The present appeal arises out of the impugned judgement dated 16th August, 2021, by which the Appellate Court in RCA SCJ 13/18 titled Mohd. Irfan Ahmad v. Sarwar Ali Ansari, has dismissed the appeal challenging the impugned judgment dated 13th August, 2018 passed by the Trial Court in Suit No.601518/2016 titled Mohd. Irfan Ahmed v. Sarvar Ali Ansari.

3. A suit for permanent injunction and mandatory injunction was filed by the Appellant/Plaintiff (hereinafter "Plaintiff") in respect of the property bearing No.113A, Boundary Dargah, Adhchini Village, New Delhi-110017 (hereinafter "suit property"). The case of the Plaintiff was that the Defendant/Respondent (hereinafter "Defendant") had demolished the boundary wall of the suit property and had encroached upon the open space in the suit property. The Trial Court had framed the issues in the suit and had recorded the evidence in the matter. The Trial Court then came to the conclusion that the suit property for which relief is being sought by the Plaintiff is not id