CHAMAN SINGH VERMA & ORS. vs DHARAM YUG

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 22nd December 2025 Pronounced on : 13th January 2026 Uploaded on : 13th January 2026 + FAO 187/2020 CHAMAN SINGH VERMA & ORS. .....Appellants Through: Mr. Pankaj Kumar, Advocate along with Appellant in person. versus DHARAM YUG .....Respondent Through: Mr. Ankit Dixit and Mr. Ashish Kumar, Advocates for R-1. CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This appeal assails the impugned order dated 13th January 2020 passed in Civil Suit No. 571/2018 titled “Chaman Singh Verma & Ors. v. Manish Arora & Ors.”, dismissing the application moved by the appellants/plaintiffs under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908 (‘CPC’). Appellants/plaintiffs filed a suit for declaration, permanent and Signature Not Verified FAO 187/2020 Page 1/12 Digitally Signed By:MANISH KUMAR Signing Date:13.01.2026 18:47:11 mandatory injunction against the respondents/defendants seeking a decree of declaration that plaintiffs have an unhindered right to use the common passage in relation to the property at RZ-111/A, Gali No. 7, East Sagarpur, New Delhi-110046, and a decree of permanent injunction against the defendants to remove the lock on the main gate through Gali No. 7, as well as the locks from the smaller gates within the main gate. Further, permanent injunction was sought against the defendants to restrain them from blocking the common passage, by parking either four wheelers/ automobiles or any two or three wheelers or any other object impeding the free use of the common passage. The other reliefs sought in the plaint were essentially of the same effect, namely that the plaintiffs’ passage to their part of the dwelling should not be impeded. 2. As part of the suit, an application under Order X