JUDGMENT (Oral)

1. Ms. Hnunpuii resides in Flat No. B-503, S. B. Apartments, situated opposite Tivoli Garden, Chattarpur, New Delhi-110074 ("the suit property", hereinafter). Mr. Rajender Ambawat ("Ambawat" hereinafter), owns Shop No. 1 on the ground floor of the same apartment block.

2. Alleging that Ambawat was raising illegal and unauthorized construction on the seventh and eighth floors of the suit property, Hnunpuii instituted CS SCJ 165/2020 against Ambawat, also impleading the Deputy Commissioner, Municipal Corporation of Delhi (MCD) and the SHO, PS Mehrauli. Hnunpuii prayed, in her suit, that the allegedly illegal and unauthorized construction, being undertaken by Ambawat on the 7th and 8th floors of the suit property, be directed to be demolished. The prayer clause in the suit read thus:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a) passing a decree in the nature of permanent injunction whereby restraining the defendant no. 1 from raising illegal and unauthorized construction of the ongoing construction on the Seventh and Eighth Floor (suit property) clearly shown in