Order 11

Order Details: COPY OF ORDER
Pdf Text: 31 CS SCJ 864/24 Azad Singh Vs. Asha Bhatt
CNR No. DLNW030013212024
01.09.2026
Present : None for the plaintiff.
Sh. Mukesh, Ld. counsel for the defendant through VC.
Vide this order, this Court shall decide application under
Order VII rule 11 CPC filed on behalf of defendant.
It is stated on behalf of defendant that plaintiff has filed
present suit against the defendant seeking permanent and mandatory
injunction upon wrong, false and vexatious facts and the same is liable to
be rejected in accordance with the provisions under Order VII Rule 11
CPC as the plaint failed to disclose any cause of action against the
defendant. It is further submitted that defendant is sole owner of Third
Floor with Roof Rights i.e. top floor and plaintiff has no right over the top
floor. Plaintiff has to take permission every time from the defendant
before visiting the roof of the building with the reasonable reason without
that the door of the roof cannot be opened at any cost. Plaintiff has not
filed its title document, electricity bills of the suit property but the
defendant has already filed its property document alongwith written
statement and the said floor/property documents clearly state that the
defendant has roof rights which means the defendant has power, control,
authority in respect of the roof of the building and upon solely this basis
the present plaint is liable to be rejected. Hence, the present suit is liable
to be dismissed.
The legal principles while deciding the application under
Order 7 rule 11 CPC are well settled. At this stage, only the pleadings and
the documents of the plaintiff can be looked into. The said stage cannot be
turned into a mini trial where pleadings and the documents can be
appreciated.
The plaintiff has instituted the suit for permanent and
mandatory injunction by pleading that he is the owner of the Second Floor
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and defendant is owner of the Fourth Floor i.e. Top Floor, L-97-97, Khasra
No. 87/3 and 87/1/4, Land Mark Som Bazar Road, Khanna Meat Shop,
Vijay Vihar Phase-2, Sector-4, Rohini, Delhi-110085. The water tanks of
all four floors are fitted on roof top and there is a gate on the roof and the
defendant usually close the gate and put/keep her lock on the roof gate and
stops the entry of plaintiff and whenever the water tank of the plaintiff
create any problem, then the defendant did not provide key of the roof
lock to maintain the water tank of the plaintiff on one pretext or other. The
defendant has raised construction on some portion of the roof illegally
which is dangerous for the whole building due to overweight. When the
defendant was constructing illegal structure on the roof on 08.06.2024, the
plaintiff said to the defendant no to raise illegal construction on roof/top
floor because roof is common and this structure will make overweight on
that defendant became angry from the plaintiff ans topped talking with
him and did not stop illegal construction and completed the construction.
Thereafter, on 08.06.2024, the plaintiff went to the Police Station Vijay
Vihar in order to lodge the complaint but the police did not lodge the
complaint stating that it is a civil nature matter.
In view of the facts and circumstances, the grounds on which
the application under Order VII Rule 11 CPC has now been moved on
behalf of the defendant cannot be decided at this stage being matter of trial
and evidence. Further, the plaintiff in para No. 10 of the plaint has clearly
stated about cause of action being arose in favour of the plaintiff.
In view of abovesaid reasons, the application under Order
VII Rule 11 CPC is dismissed.
Be put up for completion of pleadings, admission/denial of
documents and framing of issues on 08.12.2026.
(Gita)
ACJ/CCJ/ARC (North-West)
Rohini Courts, Delhi/01.09.2026
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