Piyush Goyal Vs Om Prakash & Anr. — Delhi HC (2025) — LawSathi Research

Piyush Goyal Vs Om Prakash & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with a request to the learned First Appellate Court to decide the plaintiff's pending appeal; the aspect of seeking any report from MCD to arise only if such appeal is eventually allowed; no observation made on the merits of the appeal; pending applications (CM APPL. 41967/2025 & CM APPL. 41968/2025) also disposed of in the same terms.

Issue for consideration

Whether the learned First Appellate Court was right in adjourning the plaintiff's appeal against rejection of his suit and calling for a status report from MCD, instead of deciding whether the Trial Court's rejection was appropriate.

Court's answer

The prime and foremost aspect which the learned First Appellate Court is required to adjudicate is whether the rejection of the suit was appropriate; the question whether the construction is authorized is secondary in the present context.

Ratio / Principle

Since the point raised in the petition was very short, the petition is disposed of with a request to the learned First Appellate Court to decide the appeal filed by the plaintiff.

Key takeaways

The aspect of seeking any report from MCD would arise only once the appeal filed by the plaintiff is eventually allowed by the learned First Appellate Court.ratio¶26
This Court clarified that it makes no observation on the merits of the appeal and the learned First Appellate Court should decide the appeal without getting influenced by any observation appearing in this judgment.ratio¶29

Detailed headnote1 paragraphs

CM(M) 1247/2025 (High Court of Delhi, MANOJ JAIN, J., decided 17.07.2025) - Petitioner (defendant) challenged the direction of the learned First Appellate Court seeking a status report from MCD while the plaintiff's appeal against rejection of his suit for permanent and mandatory injunction (alleged unauthorized construction without sanctioned plan) was pending. Holding: the prime aspect for the First Appellate Court is to adjudicate whether the rejection of the suit was appropriate; the question of authorization of construction is secondary. Petition disposed of with a request that the First Appellate Court decide the appeal; the aspect of seeking any MCD report to arise only once such appeal is eventually allowed. Court clarified that no observation was made on the merits of the appeal. Pending applications disposed of similarly.

$~81

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 17^th July, 2025

- CM(M) 1247/2025, CM APPL. 41967/2025 & CM APPL. 41968/2025 PIYUSH GOYAL .....Petitioner

Through: Mr. Bharat Bagga and Ms. Mansi Asija, Advocates

versus

OM PRAKASH & ANR. .....Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

The situation in the present petition is unusual.

A suit was filed by one Mr. Om Prakash (respondent No.1 herein) for permanent and mandatory injunction. He was aggrieved that defendant (petitioner herein) was raising unauthorized construction, without having any sanctioned plan from MCD.

When the aforesaid suit was taken up by learned Trial Court on 24.08.2024, learned Trial Court wondered as to how any of his civil rights were infringed by the alleged unauthorized construction and, resultantly, the suit was rejected for non-disclosing of any cause of action and being barred by law. Undoubtedly, while rejecting the suit, learned Trial Court also observed that it will be open to MCD to take appropriate action against such defendant in respect of alleged illegal construction.

Fact, however, remains that the suit was rejected.

Against such rejection of his suit, the plaintiff filed an appeal.

Such appeal is pending adjudication.

Signature Not Verified Digitally Signed CM(M) 1247/2025 1 By:SONIA THAPLIYAL Signing Da te:1 9.07.2025 12:43:09

However, when the aforesaid appeal was taken up by the learned First Appellate Court on 16.04.2025, the matter was, though, adjourned for arguments, the learned First Appellate Court also sought status report from MCD.

The grievance in the present petition is merely with respect to the aforesaid direction whereby the MCD has been asked to give status report.

Learned counsel for petitioner (defendant) submits that the suit had been rejected and the learned First Appellate Court is merely required to adjudicate whether such rejection was appropriate or not and instead of deciding the same, it has called for the report from MCD which has resulted in serious prejudice.

It is also submitted that plaintiff is a habitual litigant and has filed many suits in similar manner and perhaps, his intention and objective is to extort money.

The question whether the construction is authorized or not would be secondary in the present context.

The prime and foremost aspect which the learned First Appellate Court is required to adjudicate is whether the rejection was appropriate or not.

Next date in the aforesaid appeal is stated to be 14.10.2025.

None appears on behalf of the respondents dispute advance notice.

Since point raised in the present petition is very short one, the present petition is disposed of with request to learned First Appellate Court to decide the aforesaid appeal filed by the plaintiff and the aspect of seeking any report from MCD would arise only once such appeal is, eventually, allowed by the learned First Appellate Court.

Petition stands disposed of in the aforesaid terms.

Signature Not Verified Digitally Signed CM(M) 1247/2025 2 By:SONIA THAPLIYAL Signing Da te:1 9.07.2025 12:43:09

This Court, however, clarifies that there is no observation on the merits of the appeal as such and, therefore, learned First Appellate Court would decide the appeal without getting influenced by any of the observation appearing herein.

Pending applications are also disposed of in the aforesaid terms.

(MANOJ JAIN) JUDGE

JULY 17, 2025/ dr/shs

Signature Not Verified

CM(M) 1247/2025 3

Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 9.07.2025 12:43:09