MORNI MERCHANTS LTD. & ORS. vs WHITE HOUSE PROMOTERS PVT. LTD. & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17th March, 2025 Date of Decision: 27th May, 2025 + CS(OS) 242/2021, I.A. 6323/2021, I.A. 10921/2021, I.A. 11565/2021 I.A. 11571/2021, I.A. 11622/2021, I.A. 20822/2023 & I.A. 7030/2024 MORNI MERCHANTS LTD. & ORS. .....Plaintiffs Through: Mr. Sameer Vashisht and Mr. Vedansh Vashisht, Advocates versus WHITE HOUSE PROMOTERS PVT. LTD. & ORS. .....Defendants Through: Mr. Rajesh Yadav, Sr. Adv. with Ms. Mercy Hussain, Advocate CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA % JUDGMENT MANMEET PRITAM SINGH ARORA, J: I.A. 20822/2023 (Application under Order VII Rule 11 CPC on behalf of the Defendant No.2 for rejection of Plaint) 1. The present application has been filed by Defendant No. 2 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’), seeking rejection of the plaint. 2. The underlying suit has been filed by the Plaintiffs seeking the following reliefs: (i) mandatory injunction, directing the Defendants to remove their lock form the suit premises i.e., Flat No. 5A and 5B, Fifth Floor, 10 Bhagwan Das Road, White House, New Delhi (‘suit property’); (ii) permanent injunction restraining the Defendants from interfering and Signature Not Verified Digitally Signed By:MAMTA RANI CS(OS) 242/2021 Page 1 of 17 obstructing the peaceful possession of Plaintiffs of suit property; and (iii) declaration that the act of Defendants of putting lock over the lock of the Plaintiffs in suit property as unlawful, illegal and contrary to law. Arguments of the Applicant/Defendant No.2 3. Mr. Yadav, learned Senior Counsel for the Applicant/Defendant No. 2 stated that Plaintiffs neither have title nor have possession over the suit property. 3.1. He stated that Plaintiffs were not in possession of the suit property as o