MALAYA KUMAR CHAND vs PREM KUMAR VERMA & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 17.12.2025 Judgment pronounced on:20.12.2025 FAO 329/2024, CM APPL. 60007/2024 CM APPL. 60008/2024 CM APPL. 60047/2024 MALAYA KUMAR CHAND .....Appellant Through: Mr. Malaya K. Chand (Appellant in person). versus PREM KUMAR VERMA & ANR. .....Respondents Through: Mr. Kunal Kalra, Advocate for R-1. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal under Section 104 read with Order XLIII Rule 1(r) of the Civil Procedure Code, 1908 (the CPC), has been filed by the plaintiff in C.S. No. 827/2023 on the file of the learned District Judge–07, West District, Tis Hazari Courts, Delhi, aggrieved by the order dated 20.07.2024, by which the trial court dismissed his application under Order XXXIX Rules 1 and 2 read 2. In this appeal, the parties herein, unless otherwise specified, shall be referred to as described in the original suit. 3. The averments made in the plaint are thus: The plaintiff is the owner of the entire freehold lower ground floor admeasuring 200 square yards of property bearing no. 11/8, West, Patel Nagar, New Delhi (the suit property), having purchased the