BABLOO vs JAWAHAR AND ORS.

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th March, 2025 + CM(M) 2624/2024 & CM APPL. 30482-30485/2024 BABLOO .....Petitioner Through: Mr. Sarvesh Chowdhary, Mr. Jyotirmay Vasishtt, Mr. Sumit Srivastava and Mr. Pushaan Singh Gullia, Advocates. versus JAWAHAR AND ORS. ....Respondent Through: Mr. Prince Aroraa, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court and had filed a suit for possession, damages, permanent and mandatory injunction. 2. After completion of pleadings, the following issues were framed by the learned Trial Court:- “1. Whether the plaintiff is entitled for recovery of possession of property measuring 66 sq. yards bearing Khasra no. 610/290 and Khewat No. 77 of Village Kotla Mubarkapur, Tehsil Defence Colony, New Delhi? (OPP). 2. Whether the plaintiff is entitled for recovery of damages/mesne profit, if any, and to what rate? (OPP). 3. Relief.” 3. The petitioner examined eight witnesses in his support and similarly the defendants also led their evidence. 4. When the case was at the stage of final arguments, applications i.e. Signature Not Verified Digitally Signed CM(M) 2624/2024 1 By:SONIA THAPLIYAL Signing Date:20.03.2025 18:45:30 under Order XVIII Rule 2 CPC and Order XXVI Rule 9 CPC, were moved by the plaintiff/petitioner to frame additional issues and producing evidence. Such application was considered by the learned Trial Court on 19.09.2023 and while disposing the application moved by the plaintiff under Order XVIII Rule 2 CPC, the following additional issues were directed to be framed:- “A. Whether the suit property falls under Khasra No. 610/290 or Khasra No. 610/293 or Khasra No.293 of Village Kotla Mubarakpur, New Delhi? (OPP). B. Whether