* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment Reserved on: 08.12.2025

Judgment pronounced on: 15.12.2025

+ FAO 333/2025, CM APPL. 74955/2025 & CM APPL. 74956/2025

SIR SOBHA SINGH AND SONS PVT LTD .....Appellant

Through: Mr. Preetesh Kapur, Sr. Advocate

with Mr. Shaunak Kashyap, Ms. Mayanka Dhawan, Mr. Vikram Kalra, Mr. Apratim Animesh Thakur, Ms. Varsha Pal and Mr. Kartikaya

Gautam, Advocates.

Versus

SMT RAJDIP BAMBAWALE & ORS. .....Respondents

Through: Mr. Sumit and Mr. D.K. Advocates.

CORAM:

HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

JUDGMENT

CHANDRASEKHARAN SUDHA, J.

1. This appeal under Order XLIII of the Civil Procedure

Code, 1908 (the CPC) has been filed by the plaintiff in C.S. NO. 311/2025 on the file of the District Judge, Patiala House Courts, New Delhi, aggrieved by the order dated 14.10.2025, by which the trial court dismissed their application under Order XXXIX Rule 1 and 2 CPC, whereby the plaintiff had sought to dismantle the old

lift and install a new lift at his own cost.

2. In this appeal, the parties shall be referred to as described in the plaint filed before the trial court.

3. The brief facts as stated in the plaint are as follows: The plaintiff, a private limited Company