Katar Singh and Anr. v. Kuldeep Singh & Ors.
Case brief
What is this about?
Delhi High Court CM(M) 2343/2025; Katar Singh and another v. Kuldeep Singh and others; Girish Kathpalia J.; order dated 03.12.2025; civil miscellaneous petition withdrawn with liberty; Order XXXIX Rule 1 and 2 CPC injunction application dismissed by trial court and upheld by appellate court on 27.08.2025; suit for injunction restraining construction on open land; petitioners admitted non-possession and no claim of title; suit held premature; dismissal as withdrawn with liberty to file fresh injunction application upon commencement of fresh construction; proposed amendment of plaint to seek declaration of title.
What did the court decide?
Petition and accompanying applications dismissed as withdrawn, with liberty to file a fresh injunction application before the trial court as and when any fresh construction is commenced; counsel indicated the petitioners would first seek amendment of the plaint to seek declaration of title over the suit land.