NEHA DUTTA vs CAPITOL ART HOUSE PVT LTD

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 2022. 4. Subsequently, an opportunity was granted to the Defendant to lead evidence pursuant to which he has already examined 10 witn