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2025 Supreme(Del) 31

IN THE HIGH COURT OF DELHI AT NEW DELHI 
PURUSHAINDRA KUMAR KAURAV, J.
Abdul Elahi & Ors. - Plaintiffs 
versus 
Mohd. Mateen Qureshi & ors. - Defendants 
CS(OS) 165 of 2025 and I.A. 6884 of 2025 
Decided on : 18-03-2025

Advocates Appeared:
For the Appellant : Mr. Bahar U. Barqi, Adv.
For the Respondent: None

The court emphasized compliance with procedural rules for the registration of the suit and issuance of summons to ensure fair proceedings.

Headnote:(A) Civil Procedure Code, 1908 - Order XXXIX Rules 1 and 2 - Ex parte ad interim injunction - Plaintiffs sought declaration of ownership and permanent injunction against defendants regarding property - Court allowed exemption application and directed issuance of summons to defendants - Plaintiffs granted liberty to serve notice through dasti. (Paras 1-16)

(B) Civil Suit - Registration and summons - Plaintiffs required to file original documents and serve notice to defendants - Defendants to file written statements within 30 days and plaintiffs to file replication within 15 days. (Paras 6-8)

(C) Costs - Any party unjustifiably denying documents liable for costs. (Para 9)

Facts of the case:
The plaintiffs filed a civil suit seeking declaration of ownership and injunction against defendants regarding a specific property in Delhi, with provisions for partition if necessary.

Findings of Court:
The court allowed the plaintiffs' application for exemption and directed the registration of the suit, issuance of summons, and compliance with procedural requirements.

Issues: The main issues included the plaintiffs' ownership claim and the procedural steps for the defendants' response.

Ratio Decidendi: The court emphasized the necessity of compliance with procedural rules for the registration of the suit and the issuance of summons to ensure fair proceedings.

Result: Application for exemption allowed; summons issued to defendants.

ORDER :

I.A. 6885/2025 (Exemption)

1. Plaintiffs shall file legible/original/certified and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

2. The application for exemption is allowed, subject to the plaintiff granting inspection of the documents filed, as and when required to do so, or filing the original documents at the stage of admission/denial.

3. The application stands disposed of.

CS(OS) 165/2025

4. Heard.

5. The instant civil suit is for the following relief:-

a) Pass a decree of declaration declaring the plaintiffs are lawful owners in respect of the property bearing No. 6056, Ward No. 14, Basti Harphool Singh, Qasab Pura, Sadar Bazar, Delhi-110006, measuring 53.72 sq. Mtrs and 53 sq. mtrs. respectively shown in colour red and pink respectively with passage shown in yellow colour in the site plan purchased by the plaintiffs respectively and further declaration that the defendants have no right title or interest only just mentioned property in any manner whatsoever thereof. In case, this Hon'ble Court takes the view on proving case by the defendants that they have some right and title in respect of another portion of the premises, a declaration of partition may be passed in respect of the respective shares of the plaintiffs at one side and defendants on the other side by metes and bounds.

b) Pass a Decree of permanent injunction in favour of the Plaintiffs and against the Defendants whereby restraining the Defendants from encroaching upon the property bearing No. 6056, Ward No. 14, Basti Harphool Singh, Qasab Pura, Sadar Bazar, Delhi-110006, in any manner whatsoever;

c) Award the cost m favour of the plaintiffs and against the Defendants.”

6. The plaint be registered as a suit. Summons be issued to the defendants by all permissible modes on filing of process fee. Affidavit of service be filed within two weeks.

7. Summons shall state that the written statement(s) shall be filed by the Defendants within 30 days from the date of receipt of summons. Along with the written statement(s), the defendants shall also file affidavit(s) of admission/denial of the documents of the plaintiffs, without which the written statement(s) shall not be taken on record.

8. Liberty is given to the plaintiff to file replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the plaintiff, affidavit(s) of admission/denial of documents of the defendants, be filed by the plaintiff, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

9. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

10. List before the Joint Registrar for further proceedings on 22.07.2025.

I.A. 6884/2025 (under Order XXXIX Rules 1 and 2 read with Section 151 CPC for ex parte ad interim injunction)

11. Heard.

12. On plaintiffs taking necessary steps, let notice of this application be issued to the defendants by all permissible modes, returnable on the next date of hearing.

13. In addition, the plaintiffs are also granted liberty to serve the notice of this application upon defendants through dasti.

14. Let requisites be filed within two working days from today.

15. Dasti notice be handed over to the plaintiffs within two working days, thereafter.

16. List on 07.05.2025.

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