ANWAR KHAN Vs. MOINUDDIN

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India has been filed assailing the order dtd. 2/5/2023 passed by the learned Civil Judge-05, Tis Hazari Courts, Delhi (hereinafter referred to as "Trial Court") in CS/SCJ No.326108/2014 titled as "Anwar Khan vs. Moinuddin & Ors" . The petitioner herein is the plaintiff and the respondents are the defendants before the learned Trial Court.

(2.) The petitioner had filed an application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter "CPC") seeking amendment of prayer clause in the original plaint which was dismissed by the learned Trial Court. The relevant facts for disposal of present petition are that the petitioner has filed a suit for permanent and mandatory injunction as well as damages against the respondent. The case of the petitioner is that the respondent nos.1 to 4 in connivance with the respondent no.5 arbitrarily disconnected the electricity meter of the petitioner, due to which the shop of the petitioner remained shut from 28/6/2011, causing him huge economic loss.

(3.) After the restoration of the meter, on 1/8/2015, the respondent nos.1 to 4 forcibly entered the shop of the petitioner and assaulted him, after which they tried to burn down the shop. The petitioner states that since 1/8/2015, he has not been able to work out of the said shop due to defendant nos.1 to 4 and is therefore seeking damages for a time period from 1/8/2015 to 31/3/2022 amounting to 3655 days at Rs.2,000.00 per day.