Katar Singh And ANR v. Kuldeep Singh & ORS

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2343/2025, CM APPL. 75906/2025 & CM APPL. 75905/2025 KATAR SINGH AND ANR .....Petitioners Through:

Mr. Shreeyash U. Lalit, Advocate (through videoconferencing).

versus KULDEEP SINGH & ORS .....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 03.12.2025 1.

Petitioners have assailed order dated 27.08.2025 of the learned appellate court, whereby the trial court order of dismissal of application under Order XXXIX Rule 1 and 2 CPC was upheld. Broadly speaking, the petitioners filed a suit for injunction to restrain the present respondents from carrying out construction in the open land and the learned trial court as well as the learned appellate court took a view that since the petitioners admitted not being in possession of the suit land and also did not claim title over it, the petitioners had no right to seek injunction. Further, the learned trial court also took a view that the suit was premature because no construction was being carried out.

2.

After addressing partly, learned counsel for petitioners on instructions seeks permission to withdraw this petition with liberty to file fresh 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 04/12/2025 at 12:27:04

injunction application before the trial court as and when any fresh construction is commenced and in this regard he also submits that the petitioners shall first seek amendment of the plaint to seek declaration of title over the suit land.

3.

As requested, the petition and the accompanying applications are dismissed as withdrawn with liberty as sought. GIRISH KATHPALIA, J DECEMBER 3, 2025/dr 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 04/12/2025 at 12:27:04