$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010453652026 + FAO 310/2026, CM APPLs. 65341/2026, 65342/2026 ARUN KUMAR .....Appellant Through: Mr. Pankaj Srivastav, Advocate versus JITENDER VATS .....Respondent Through: Mr. R.S. Mishra and Mr. Anand Mishra, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 22.09.2026 1. By way of the present appeal filed under Order XLIII Rule 1(r) read with Section 151 CPC, the appellant seeks setting aside of the order dated 25.08.2026 passed by the learned District Judge-01, South District, Saket Courts, New Delhi in CS (DJ) No.639/2026, whereby the application filed by the appellant/plaintiff under Order XXXIX Rules 1 and 2 CPC came to be dismissed. 2. Learned counsel for the appellant/plaintiff submits that the submissions of the appellant/plaintiff qua possession were not considered in the correct perspective by the learned Trial Court, particularly as the appellant/plaintiff had placed CCTV footage on record before the learned Trial Court. 3. The appeal is opposed by learned counsel for the respondents, who appears on advance notice. He submits that the appellant/plaintiff had not produced any document relating to title or possession before the learned 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 25/09/2026 at 11:40:05 Trial Court. On the contrary, the respondent/defendant claims ownership of the suit property on the basis of a registered sale deed and is also in possession of the suit premises. 4. In view of the foregoing facts and circumstances, and without commenting on the merits of the case or the contentions of the parties, this Court deems it appropriate to direct the learned Trial Court to consider the matter afresh, taking into account the entire chain of documents pertaining to the suit property filed by both parties. 5. Consequently, the impugned order is set aside. The parties shall be at liberty to move an appropriate application before the learned Trial Court seeking appointment of a Local Commissioner, if so advised. 6. The appeal, along with the pending applications, is disposed of in the above terms MANOJ KUMAR OHRI, J SEPTEMBER 22, 2026/rd 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 25/09/2026 at 11:40:05