GHANSHYAM BHAGCHANDANI vs SANGEETA

Judgment text excerpt

$~70 & 74 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11th July, 2025 + CM(M) 1206/2025 & CM APPL. 40650-40651/2025 GHANSHYAM BHAGCHANDANI .....Petitioner Through: Dr. H.K. Gahlaut, Advocate with petitioner-in-person versus SANGEETA .....Respondent Through: None + CM(M) 807/2022 & CM APPL. 35604/2022 GHANSHYAM BHAGCHANDANI .....Petitioner Through: Dr. H.K. Gahlaut, Advocate with petitioner-in-person versus SMT SANGEETA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 807/2022 & CM APPL. 35604/2022 1. Petitioner herein is plaintiff before the learned Trial Court and has filed a suit for mandatory and permanent injunction. 2. Plaintiff had also prayed for interim injunction and the learned Trial Court dismissed his application moved under Order XXXIX Rules 1 & 2 CPC on 18.02.2022. 3. He challenged the aforesaid order by filing an appeal before learned District Judge and his such appeal has also been dismissed on 12.05.2022. Signature Not Verified Digitally Signed CM(M) 1206/2025 & CM(M) 807/2022 1 By:SONIA THAPLIYAL Signing Date:14.07.2025 14:31:04 4. Such order has been challenged by filing CM(M) No. 807/2022. 5. Admittedly, there is substantial progress in the aforesaid suit as the plaintiff has already led his evidence and witness of defendant has also entered into witness box, albeit, plaintiff could not cross-examine such witness. 6. After hearing arguments for some time, learned counsel for petitioner submits that since matter has already progressed a lot and since injunction was declined at the earlier stage while taking a prima facie view of the matter and since the parties have already adduced substantial evidence before the learned Trial Court, he, without prejudice to his rights and contentions, does