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2025 Supreme(Online)(Del) 7391

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
SHRI NEERAJ AGGARWAL – Appellant
Versus
SH GAURAV PUNJ & ANR. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sonal Anand, Mr. Aayush Sai, Ms. Surbhi Singh
For the Respondents: Mr. Raman Gandhi

HARISH VAIDYANATHAN SHANKAR, J.

1. The present Regular First Appeal1 has been preferred under Section 13 of the Commercial Courts Act , 20152, read with Section 96 and Order XLI Rule 1 of the Code of Civil Procedure , 19083, assailing the Judgment and Decree dated 25.04.20254 passed by the learned District Judge (Commercial Court-01), Patiala House Courts, New Delhi5, in CS (COMM) No. 175/2023, titled Gaurav Punj and Another v. Neeraj Aggarwal.

2. By the Impugned Judgment, the learned Trial Court allowed the Plaintiffs/Respondents’ application filed under Order XIII-A of the CPC (as amended by the CC Act) for summary judgment in respect of relief (a) of the Plaint, namely recovery of possession. The learned Trial Court consequently passed a decree of possession in favour of the Plaintiffs and against the Defendant and directed that the Defendant shall vacate the suit property i.e., the basement portion of Punj House Annexe, situated at Plot Nos. 4 and 5 (Rear Side Portion), M-13, Middle Circle, Connaught Place, New Delhi6, admeasuring 1,353.42 sq. ft. together with the staircase area from entry No. 1 measuring 76.86 sq. ft., which is in the Defendant/Appellant’s tenancy. The learne

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