The appellant is the plaintiff and the respondents are the defendants in the suit out of which this appeal arises.
By impugned order, the Single Judge dismissed the appellants plaintiffs writ petition and upheld the order of the Trial Court.
New Delhi 110026 situated at second floor on plot number21 in NVVA in the layout plan of the Adarsh Shawan Co op.
The companytroversy involved in the appeal is whether the two Courts below were justified in dismissing the three applications filed by the plaintiff in a pending suit, namely, i application under Order 7 Rule 14 of the Code for filing of documents, ii application under Order 6 Rule17 of the Code seeking amendment in the plaint, and iii application seeking directions against the respondents for production of some original documents.
from taking forcible possession or selling of the said premises bearing No.21, NWA Club Road, Punjabi Bagh Extn.,
1223 of 2016 whereby the High Court dismissed Date 2018.01.25 162225 IST Reason the petition and upheld the order of the Trial Court dated 21.09.2016 in Civil Suit No.7930 of 2016.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal and while setting aside the order of the Trial Court dated 21.09.2016 and also the impugned order of the High Court allow the two applications filed by the plaintiff appellant herein , namely, application filed under Order 7 Rule 14 and the application filed under Order 6 Rule 17 of the Code.
In the area of Viii Madipur, Delhi 110026 as shown in red companyour in the site plan and from creating any interference in the use and enjoyment of the said property, in the interest of justice.
House Building Society Ltd. Colony known as Punjabi Bagh Extn.
The respondents defendants opposed the applications filed by the appellant.
It appears that the respondents defendants did number take up the matter to the High Court against the order of the first Appellate Court and, therefore, the case has number gone back to the Trial Court to proceed with the trial in the suit.
The appellant has claimed the following reliefs It is, therefore, most respectfully prayed that the Honble Court be pleased to pass the decree of declaration as the said property at the second floor bearing No.21 NWA Club Road, Punjabi Bagh Extn.,
The respondents, however, also raised certain legal objections regarding the maintainability of the appellants suit.
Against the said order, the appellant plaintiff has felt aggrieved and filed this appeal by special leave in this Court questioning its legality and companyrectness.
The Trial Court by order dated 21.09.2016 dismissed the applications filed by the appellant plaintiff .
After remand, the appellant plaintiff , as mentioned above, filed three applications in his pending suit.
The appellant felt aggrieved and filed appeal being R.C.A. 121/14/11 before the Additional District Judge, Tis Hazari Court, New Delhi.
Heard Mr. Shantanu Bansal, learned companynsel for the appellant and Mr. S.K. Misra, learned companynsel for the respondents.
By order dated 20.11.2014, the first Appellate Court allowed the appellants appeal and while setting aside the judgment decree of the Trial Court remanded the case to the Trial Court for deciding the suit on merits.
The respondents have filed their written statement and denied the appellants claim set up in the plaint.
The appellant felt aggrieved and filed writ petition under Article 227 of the Constitution of India in the High Court of Delhi.
252/2005 number renumbered as S. No 7930/2016 against the respondents defendants in the Court of JSCC Cum ASCJ cum Guardian Judge West Delhi.
The Trial Court upheld the objections raised by the respondent and accordingly dismissed the appellants suit vide judgment decree dated 20.09.2011 in the initial stage itself as number maintainable.
One was under Order 7 Rule 14 of Code seeking permission to file some additional documents, second was an application under Order 6 Rule 17 seeking amendment in the plaint and the third application was for a direction to the respondents for production of some original documents.
Abhay Manohar Sapre, J. Leave granted.
This appeal is filed by the plaintiff against the final judgment and order dated 19.12.2016 passed by the High Court of Delhi at New Delhi in CM M Signature Not Verified Digitally signed by ASHA SUNDRIYAL No.
New Delhi 110026 is number a companylateral security or number a mortgage property under the defendants and also to pass a decree of permanent injunction in favour of the plaintiff and against the defendants thereby restraining the defendants its agents, servant, attorneys, numberinees etc.
Any other relief, which this Honble Court may deem fit and proper be also passed in favour of the plaintiff and against the defendants along with the companyt of the suit.
The appellants suit is for a declaration and permanent injunction in relation to certain properties hereinafter referred to as the suit property .
The appellant plaintiff has filed a civil suit being Civil Suit No.
