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
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.
The court emphasized compliance with procedural rules for the registration of the suit and issuance of summons to ensure fair proceedings.
The court condoned the delay in re-filing the suit under Section 5 of the Limitation Act, emphasizing compliance with procedural rules for document filing.
The court emphasizes the importance of procedural compliance in civil suits, particularly regarding document submission and timely responses from defendants.
The court affirmed the maintainability of the suit under the Commercial Courts Act, emphasizing compliance with mediation requirements and procedural rules for document submission.
The court allowed the amendment of plaint and impleading of a new plaintiff, emphasizing the enforceability of agreements and the protection of rights under the doctrine of lis pendens.
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