* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: September 12, 2023 + (1) RFA(COMM) 167/2023, CM APPL. 40831/2023 BRIJ MOHAN SARNA ..... Appellant Through: Mr. Uttam Dutt, Adv. with Mr. Amitabh Krishn, Mr. Rajeev Singh, Mr. Kumar Bhashkar and Ms. Sonakshi Singh, Advs.

versus SUSHMA CHAWLA ..... Respondent Through: Mr. Amulya Dhingra, Mr. Diwakar Singh and Mr. Abhishek Dev, Advs.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA V. KAMESWAR RAO, J. (ORAL)

1. This appeal has been filled by the appellant challenging the judgment / decree dated May 8, 2023, whereby the learned District Judge (Commercial Court)-02, West Tis Hazari Courts, Delhi (‘Commercial Court’, in short), while disposing of the application under Order XIII A of the Civil Procedure Code, 1908 (‘CPC’, for short) by rendering a summary judgment has granted the possession of the suit premises in favour of the respondent herein and a preliminary decree of possession has been passed.

2. Mr. Uttam Dutt, learned counsel for the appellant has made the following submissions while contesting the impugned judgment /

decree;-

(i) The Commercial Court failed to appreciate that the suit pr