MANOJ THAKUR vs RAVINDER NATH SINGH & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:07.03.2025 + C.R.P. 214/2023 MANOJ THAKUR .....Petitioner versus RAVINDER NATH SINGH & ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Ms. Ananya Tiwari, Adv. For the Respondent : Mr. Ankit Rana & Mr. Tushar Rohmetra, Advs. for R1 & R2 CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed challenging the order dated 02.05.2023 (hereafter ‘the impugned order’) passed by the learned Additional District Judge (‘ADJ’), Rohini Courts, Delhi in CS DJ 805/2017 whereby the application filed by the respondents under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’) was allowed and the suit filed by the petitioner was found to be barred in terms of Order II Rule 2 of the CPC. Signature Not Verified Signed By:HARMINDER KAUR C.R.P. 214/2023 Page 1 of 10 Signing Date:17.03.2025 16:19:49 2. The impugned order emanated from a suit filed by the petitioner under Section 7 of the Specific Relief Act, 1963 (‘SRA’). The said suit was filed praying for a decree against Respondent Nos. 1 and 2 to handover the possession of the petitioner’s movable property amounting to ₹10,72,500/-lying in Shop bearing address BC-299, Mangol Puri Industrial Area, Phase-II, Delhi-110034 (hereafter ‘the suit property’). The petitioner also sought a decree directing Respondent Nos. 1 and 2 to return the documents including perpetual lease deed in the name of the petitioner’s father and other relevant documents which the respondents had taken from the shop of the petitioner. The petitioner further prayed for damages to the tune of ₹20,00,000/-. 3. The petitioner claimed that his father got the allotment of the suit property by the government in the year 1985. It is averred that