MOHD YAMIN vs MOHD HASAM

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 11.06.2025 + C.R.P. 67/2025 & CM APPL. 12227/2025 MOHD YAMIN .....Petitioner versus MOHD HASAM .....Respondent Advocates who appeared in this case: For the Petitioners : Mr. Sumit Kumar Rana & Mr. Amit Yadav, Advs. For the Respondents : CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed challenging the order dated 10.12.2024 (hereafter ‘impugned order’), passed by the learned Additional Senior Civil Judge/ Guardian Judge, Karkardooma Court, Delhi (‘ASCJ’) in CS No. 5210/2015, whereby the application filed by the petitioner/ defendant under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) was dismissed. Signature Not Verified Signed By:KAMALDEEP KAUR C.R.P. 67/2025 Page 1 of 15 Signing Date:16.06.2025 18:07:19 2. The suit is filed by the respondent/ plaintiff seeking mandatory and permanent injunction, recovery and damages/ mesne profits. The plaintiff claimed that he along with co-owner namely– Ms. Hazara Firdus had purchased the property area measuring 100 sq. yds bearing No. E-156, out of Khasra No.337, near Nav Prakash Public School, Main 60 Foota Road, Shaitan Chowk, Sri Ram Colony, Rajiv Nagar, Khajuri, Delhi-110094, (hereinafter called “suit property”) from a person namely– Shahid Ahmad Fahimuddin on 23.06.2003. After the possession of the suit property was handed over, the plaintiff and the co-owner constructed a shop, two rooms, kitchen, toilet and bathroom and obtained electricity connection in their name. 3. It is claimed that the defendant sold biryani on a rehri, opposite side to the suit property, on whose request, the plaintiff gave one room of the suit property, along with one kitchen, open verandah and bathroom (hereafter ‘suit premises’) to the de