SH NEERAJ AGGARWAL vs SH GAURAV PUNJ & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 19.09.2025 Judgment pronounced on: 29.10.2025 + RFA(COMM) 425/2025, CM APPL. 45370/2025 & CM APPL. 59561/2025 SHRI NEERAJ AGGARWAL .....Appellant Through: Mr. Sonal Anand, Mr. Aayush Sai and Ms. Surbhi Singh, Advocates. versus SH GAURAV PUNJ & ANR. .....Respondents Through: Mr. Raman Gandhi, Advocate. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Regular First Appeal1 has been preferred under Section 13 of the Commercial Courts Act, 20152, read with Section 96 and Order XLI Rule 1 of the Code of Civil Procedure, 19083, assailing the Judgment and Decree dated 25.04.20254 passed by the learned District Judge (Commercial Court-01), Patiala House 1 RFA 2 CC Act 3 CPC 4 Impugned Judgement Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA RFA(COMM) 425/2025 Page 1 of 24 Signing Date:31.10.2025 17:10:49 Courts, New Delhi5, in CS (COMM) No. 175/2023, titled Gaurav Punj and Another v. Neeraj Aggarwal. 2. By the Impugned Judgment, the learned Trial Court allowed the Plaintiffs/Respondents’ application filed under Order XIII-A of the CPC (as amended by the CC Act) for summary judgment in respect of relief (a) of the Plaint, namely recovery of possession. The learned Trial Court consequently passed a decree of possession in favour of the Plaintiffs and against the Defendant and directed that the Defendant shall vacate the suit property i.e., the basement portion of Punj House Annexe, situated at Plot Nos. 4 and 5 (Rear Side Portion), M-13, Middle Circle, Connaught Place, New Delhi6, admeasuring 1,353.42 sq. ft. together with the staircase area from entry No. 1 measuring 76.86 sq. ft., which is in the D