SANJEEV KUMAR JAIN & ANR. vs RESIDENTS WELFARE ASSOCIATION THROUGH ITS PRESIDENT

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 26th, August, 2025 CM(M) 1617/2025 & CM APPL. 53003/2025 SANJEEV KUMAR JAIN & ANR. .....Petitioner Through: Mr. Shlok Chandra, Mr. Parikshit Singh B. and Mr. Anshuman Jindal, Advocates. versus RESIDENTS WELFARE ASSOCIATION THROUGH ITS PRESIDENT .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit filed by Resident Welfare Association. 2. It was instituted in the year 2019. 3. The Resident Welfare Association is with respect to flats built by DDA which are situated in C.A. Block, Shalimar Bagh, Delhi. 4. In the abovesaid suit seeking mandatory injunction, Society claimed as under in Para 25 of the plaint:- “25. That dues on the part of the defendant is Rs.18,800/-, the break up of which is as under: - Rs.5100/- upto 2012, Rs.1900/- for 2013, Rs.2400/- for 2014, Rs.2400/- for 2015, Rs.2400/- for 2016, Rs.2400/- for 2017 and Rs.2200/- till the date of legal notice dated 12.11.2018. Even after that, the due is accruing on.” 5. However, it seems that in the prayer clause, instead of seeking recovery of the abovesaid amount, the plaintiff-Society sought a dec