NEHA DUTTA vs CAPITOL ART HOUSE PVT LTD

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:26.09.2025 + FAO(OS) 21/2025, CM APPL. 9284/2025 and CM APPL. 57663/2025 NEHA DUTTA .....Appellant Through: Mr. Kuldeep Kumar, Adv. with Appellant in-person. versus CAPITOL ART HOUSE PVT LTD .....Respondent Through: Mr. Ishaan Chawla, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR J U D G M E N T (ORAL) ANIL KSHETARPAL, J. 1. The present Appeal has been filed assailing the Interlocutory Order dated 06.09.2024 passed by the learned Single Judge in CS(OS) 3379/2015 captioned M/s Capitol Art House (P) Ltd. vs. Neha Datta. 2. The Plaintiff (Respondent herein) filed a suit seeking a decree of permanent injunction with respect to the front balcony of the First Floor of the property bearing No. 4/1-14 (A-1/4) Eleven Style Mile, Ward 1, Mehrauli New Delhi – 110030 [hereinafter referred to as “suit property”] in the year 2015. 3. The Defendant (Appellant herein) contested the suit claiming tenancy rights over the suit property. Accordingly, in the year 2016 Signature Not Verified FAO(OS) 21/2025 Page 1 of 3 Signed By:JAI NARAYAN Signing Date:27.09.2025 12:15:54 issues were framed, and the Plaintiff closed his evidence in the year 2022. 4. Subsequently, an opportunity was granted to the Defendant to lead evidence pursuant to which he has already examined 10 witnesses. During the course of cross-examination, certain questions were asked and the Defendant produced documents to prove his ownership. 5. Thereafter, the counsel for the Plaintiff completed his cross- examination. At that stage, the Defendant prayed before the Local Commissioner to take the said documents on record, however, such request was declined. 6. Resultantly, the defendant filed an application seeking