SAURABH GUPTA vs CHANDRESH GAUTAM & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 28th February, 2025 + C.R.P. 319/2023 & CM APPL. 61028/2023 SAURABH GUPTA ..... Petitioner S/o Shri Ram Niwas Gupta, R/o B-5/342, Yamuna Vihar, Delhi-1100053 Through: Mr. J.M. Kalia, Advocate. versus 1. CHANDRESH GAUTAM S/o Late Shri Yad Ram, R/o C-6/23, Yamuna Vihar, Delhi-110053 ..... Respondent No. 1 2. D.G.M. YAMUNA POWER LTD. Through Ashutosh Tripathi, C-6, Yamuna Vihar, BSES Office, Delhi-110053 ..... Respondent No. 2 Through: Mr. Kartar Singh, Advocate for R-1. Mr. Moksh Arora, Advocate for R-2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGMENT NEENA BANSAL KRISHNA, J. 1. The present Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC, 1908”) has been filed on behalf of Saurabh Gupta, Petitioner (Defendant No. 2 in the main Signature Not Verified Digitally Signed C.R.P. 319/2023 Page 1 of 14 By:VIKAS ARORA Signing Date:04.03.2025 19:33:22 Civil Suit No. 626/2022) to challenge the Order dated 07.07.2023 vide which his Application under Order VII Rule 11 read with Section 151 of CPC, 1908, has been dismissed by the learned Additional Senior Civil Judge, Delhi. 2. Brief facts are that Respondent No. 1 (Plaintiff) had filed Civil Suit No. 626/2022 for Permanent and Mandatory Injunction to restrain the Defendant No. 2/Petitioner from creating third-party interest in the Property bearing Shop No. A-31/11M, Khasra No. 379, land measuring area 20 sq. yards, Shastri Marg, Village Maujpur, Delhi (hereinafter referred to as “subject property”) and not to dispossess the Respondent No. 1/Plaintiff without due process of law. The Mandatory Injunction was also sought for directing Yamuna Power Ltd. /Defendant No. 1 to install his Electricity Meter and re