$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010373772026 + RFA 836/2026 AKASH SONI .....Appellant Through: Mr. Neeraj Gahlout, Adv. versus DELHI URBAN SHELTER IMPROVEMENT BOARD .....Respondent Through: Mr. Anuj Chaturvedi, Ms. Richa Dhawan, Ms. Yashita Jain, Ms. Sneha Tanwar and Mr. Sahil Bhaskar, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 13.08.2026 CM APPL. 53818/2026 1. Exemption allowed, subject to all just exceptions. 2. Application stands disposed of. RFA 836/2026 3. Regular First Appeal under Section 96 of CPC has been filed on behalf of the Appellant against Judgment and Decree dated 06.05.2026, whereby Suit of the Plaintiff / Appellant for Possession, Permanent and Mandatory Injunction has been dismissed. 4. Learned counsel for the Appellant submits that Issue No.1 in regard to the Suit being barred by limitation was treated as a Preliminary Issue and the matter was listed for evidence on this Preliminary Issue. Both the parties had led their evidence only on this Issue. Thereafter, the matter was listed This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2026 at 11:17:48 for arguments only on Preliminary Issue, but vide the impugned Judgment the entire Suit on all the issues including on merits, has been decided. 5. It is submitted that grave prejudice has been caused to the Plaintiff who has not been given an opportunity to adduce evidence on all the Issues and also to argue the matter accordingly. 6. Learned counsel for the Respondent has appeared on advance Notice, accepted Notice. He has submitted that entire Record of learned Trial Court reflects that though evidence had been directed to led only on the preliminary Issue, but both the parties had led the evidence. The arguments were addressed on the entire Suit of the Plaintiff. There is no infirmity in the impugned Judgment. 7. In fact, after evidence were concluded by the parties, it was clearly reflected that arguments were to be addressed on preliminary Issue. It is therefore, submitted that the matter was being listed for evidence and arguments only on preliminary Issue and learned Trial Court fell in error in giving findings on all the issues. Submissions heard and record perused. 8. The Order sheets of learned Trial Court reflect that Issues were framed on 03.12.2021 and Issue No.1, i.e. “1. Whether the Suit is not maintainable being barred by law? OPD,” was treated as Preliminary Issue. The matter was listed for arguments for 26.04.2022, wherein it was observed that Issue No.1 cannot be decided without recording of evidence. Consequently, the matter was listed for evidence to be led by the Defendant. Thereafter, evidence was led by the Plaintiff. 9. On conclusion of the evidence by the parties, the matter was listed for arguments on Preliminary Issue vide Order dated10.12.2024. Thereafter, the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2026 at 11:17:48 matter was adjourned on some dates for addressing arguments. 10. In Order dated 18.03.2025, it was specifically indicated that arguments were to be addressed on Preliminary Issue. Thereafter, arguments on Preliminary Issue, were addressed by the parties. 11. Record reflects that the matter was being considered only on Preliminary Issue, i.e. Issue No.1. However, impugned Judgment dated 06.05.2026 has been passed on all the issued. 12. In view of aforesaid, impugned Judgment dated 06.05.2026 is set aside and the matter is remanded back to the learned District Judge to take evidence on all the Issues and pass comprehensive Judgment on all issues. 13. Parties are directed to appear before the learned District Judge, Shahdara District, Karkardooma Courts, Delhi on 25.08.2026. 14. Learned Trial Court shall give opportunity to the parties to lead their evidence, after which the Judgment shall be passed on all Issues. 15. With the aforesaid directions, Appeal along with pending Applications stands disposed of. NEENA BANSAL KRISHNA, J AUGUST 13, 2026/R This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2026 at 11:17:48