PUSHPA DEVI Vs. PAWAN SEHRAWAT

JUDGEMENT

(1.) The present Civil Miscellaneous (Main) petition no. 664/2023 has been filed by the petitioners under Article 227 of the Constitution of India for setting aside the impugned order dtd. 6/3/2023 passed by the learned Civil Judge-01, Patiala House Courts, New Delhi (hereinafter referred to as "Trial Court") in CS SCJ 326/2017 titled as "Smt. Pushpa Devi and Anr vs. Sh. Pawan Sehrawat and Ors" whereby the learned Trial Court allowed the application filed by respondent no. 1 and 2 herein under Sec. 151 of Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") for seeking permission to lead defence evidence and recalling of order dtd. 23/11/2022.

(2.) For the purpose of adjudication of the present petition, the relevant facts are that petitioner nos. 1 and 2 are husband and wife and owners of the properties bearing no. F/1 and F/7 respectively in the khasra no. 847/1 situated in Harijan Basti, Mahipalpur village, Vasant Vihar, New Delhi.

(3.) It is the case of the petitioners that they were enjoying the peaceful possession of their properties till 20/1/2017 and thereafter, on the same day, respondent no. 1 and 2 accompanied by labourers started digging the common road in front of the property of petitioner no.1 in order to erect an illegal wall. Thereby causing hindrance in the free movement of petitioner no. 1 and her family members. Further, the extension of the said wall is from the unauthorised enclosed room of 17 sq. yards which was built by respondent no. 1 and 2 on the common public road measuring 18 feet wide outside the house of the petitioners.