ORDER

CHANDRA DHARI SINGH, J.(Oral)

1. The instant appeal has been filed by the appellant under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 (hereinafter “CPC”) seeking the following reliefs:

―(i) Impugned Judgment dated 05.03.2020 (ANNEXURE 1), passed by the court of Ms. Vandana Jain, Additional District Judge, Saket Courts, Delhi in CS No.149/2017 title Rajender Jaina Vs. Sanjay Aggarwal & Anr. be set aside / quashed /

appropriately modified / altered.

(ii) Such other and further orders which this Hon’ble court deems fit and proper in the interest of justice may also be passed.‖

2. The relevant facts necessary for the adjudication of the instant appeal are reproduced herein below:

a. The appellant owns and occupies the 3rd floor and terrace of the property bearing No. B-54-A in Greater Kailash-1, New Delhi (hereinafter “suit property”) as per the registered sale deed dated 18th May 2006.

b. The aforesaid suit property is comprised of basement, ground floor, 1st Floor, 2nd floor, 3rd floor, and Terrace.

c. The appellant filed the writ petition bearing No. W.P. (C)

14136/ 2006 before this Court seeking demolition of the car garage. The Coordinate Bench of this Court vi