Mahender Singh v. Krishna Devi & ORS.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 160/2024 & CM APPL. 30889/2024, CM APPL. 30890/2024 MAHENDER SINGH ..... Petitioner Through:

Mr. Anupam Kumar Mishra & Mr. Abhishek Ross, Advs.

versus KRISHNA DEVI & ORS.

..... Respondents Through:

Mr. Abhishek Kaushik, Adv.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 29.05.2024 1.

The petitioner, who is the plaintiff in the suit instituted by him seeking injunction so as to protect his possessory rights in the property in question, assails the impugned order dated 19.03.2024, whereby his application under Order VII Rule 14 CPC has been dismissed. 2.

Learned counsel for the respondents is present on advance notice.

3.

Having heard learned counsels for the parties, it appears that issues have already been framed in the matter before the learned Trial Court and the stage is set for recording of evidence of the plaintiff. In fact, it is acknowledged that PW-1/son of the petitioner/plaintiff has already been examined.

4.

It appears that certain additional documents have been filed with affidavit of PW-2 to be tendered in evidence along with an application under Order VII Rule 14 CPC.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 12:03:57

5.

Learned counsel for the petitioner/plaintiff has urged that out of the 44 documents, 21 documents are already on the record. It is submitted that the remaining documents are merely in regard to showing his long possession and occupation of the premises in question in the nature of bank accounts, gas connection or electricity connection etc.

6.

Both parties lay their claim to the property in question without any perfect title deeds.

7.

Although, the conditions which are laid down under Order VII Rule 14 CPC are not per se satisfied, at the same time, no prejudice is likely to be caused to the respondents if the said documents are allowed to be placed on the record.

8.

In light of the above, the impugned order dated 19.05.2024 is hereby set aside and the application for placing additional documents on the record is allowed. This is without prejudice and subject to the documents being relevant and proven in accordance with law. DHARMESH SHARMA, J.

MAY 29, 2024/sa The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/05/2024 at 12:03:57