SWAPNIL AERON Vs. JAGMOHAN SAPRA

JUDGEMENT

(1.) The present CM(M) petition no. 1764/2023 has been filed by the petitioner under Article 227 of the Constitution of India against the impugned order dtd. 25/9/2023 passed by the learned District Judge (Comm)-03, Karkardooma Court, Shahdara District, Delhi (hereinafter referred to as learned 'Trial Court') in CS (COMM) no. 699/2022, titled as 'Jagmohan Sapra vs. Swapnil Aeron' whereby the learned Trial Court dismissed the application filed by the petitioner under Order XVI of the Code of Civil Procedure (hereinafter referred to as 'CPC') read with Sec. 151 of CPC for summoning of record qua 13 title documents of the property bearing no. E-5/8, Krishna Nagar, New Delhi.

(2.) Petitioner herein is the defendant and the respondent herein is the plaintiff in CS (Comm.) no. 699/2022 which is pending adjudication before the learned Trial Court.

(3.) For the purpose of adjudication of the present petition, the relevant facts are that in 2021, the petitioner was searching for a shop in Krishna Nagar with the intention of launching a pharmacy business. During the search, the petitioner came across two vacant shops situated directly across Goyal Hospital, Krishna Nagar, both featuring a 'To-Let' sign wherein the contact information of the respondent was also mentioned.