SUNNY @ NAND KISHORE GANDHI vs GUDDI KHATUN

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 09th July, 2025 CM(M) 1176/2025 & CM APPL. 39619-39620/2025 SUNNY @ NAND KISHORE GANDHI .....Petitioner Through: Mr. Aparna Vishal with Mr. Vikrant Dabas, Ms. Ritu Sakarwal and Ms. Prachi Ahuja, Advocates. versus GUDDI KHATUN .....Respondent Through: Mr. Samidha Jain with Mr. Abhishek, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit which seeks permanent and mandatory injunction. 2. Petitioner is owner of third floor of the building in question and the floors below are under the ownership and occupation of the plaintiff (respondent herein). 3. Plaintiff has filed suit seeking injunction against the defendant from raising any construction on the roof. 4. Petitioner/defendant moved an application under Order VII Rule 11 CPC submitting therein that there was no cause of action and he, being the owner of the top floor with roof rights, had every right to raise construction. It is also submitted that there is no requirement of obtaining any sanctioned plan from the concerned civic Agency and, therefore, the suit is liable to be dismissed as it does not disclose any cause o