AJAY DHINGRA Vs. RAJ KUMAR RAJORA

JUDGEMENT

(1.) By the present petition filed under Art. 227 of the Constitution of India, the petitioners seek to challenge the order dated 20.09.2016 by which an application filed by the respondents/plaintiffs under Order 6, Rule 17 Civil P.C. has been allowed.

(2.) The respondents/plaintiffs have filed the suit for permanent injunction. As per the plaint, the respondents claim to be the joint owners of the property in Dev Nagar, Karol Bagh, New Delhi having purchased the same from the previous owner vide sale deed dated 28.10.2015 and 05.11.2015. It is averred that at the time of purchase of the property only constructive/symbolic possession of the property was given to the respondents. It is further contended that the suit property was let out to the father of the petitioners for residential purposes. Hence, a decree of permanent injunction was sought against the petitioners from creating any third party interest or parting with possession of the suit property.

(3.) Now the respondents have moved the present application under Order 6, Rule 17 Civil P.C. seeking to add the relief of possession and mesne profits in the plaint.