MUNAWWAR ALI AND ORS vs MOHD DANISH AND ORS

Judgment text excerpt

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th March, 2025 + CM(M) 536/2025 & CM APPL. 16914-16915/2025 MUNAWWAR ALI AND ORS .....Petitioner Through: Mr. Mohd. Akram and Mr. Mohd. Talib, Advocates versus MOHD DANISH AND ORS .....Respondent Through: Mr. Sunil Goay, ASC for MCD/R-4 with Mr. Nitin Kala, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 16915/2025 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 536/2025 & CM APPL. 16914/2025 1. Petitioners are aggrieved by order dated 03.02.2025 whereby their application seeking rejection of plaint under Order VII Rule 11 r/w Section 151 CPC has been dismissed. 2. Copy of plaint filed by Mohd. Danish & Others (respondents herein) has been placed on record. 3. As per averments appearing in the aforesaid suit, respondents/plaintiffs claimed themselves to be the owners of the shops in question, which are situated in Brahampuri, Delhi. They also claimed that they were in exclusive possession of the same for the last several decades. According to them, defendant nos. 1, 2 & 3 (petitioners herein) were taking law in their hands and Signature Not Verified Digitally Signed CM(M) 536/2025 1 By:SONIA THAPLIYAL Signing Date:25.03.2025 12:39:02 were, blatantly, making illegal encroachment and construction. It is in the aforesaid factual backdrop that the aforesaid suit had been filed by them seeking relief of injunction. 4. The grievance of the defendants i.e. petitioners herein is that such suit is without any cause of action. According to them, they themselves are rather owners of the suit shops and have already filed a petition under Section 14 (1) (e) of Delhi Rent Control Act, 1958 which is pending adjudication before the learned Rent Controller. According