Mujeeb Ur Rehman & Anr. vs Shamsul Islam & Ors.
2023 Latest Caselaw 3261 Del

                          $~39
                          * IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                 Judgment delivered on: 02.08.2023

                          +       CONT.APP.(C) 42/2023 & CM APPLS. 39090-92/2023

                          MUJEEB UR REHMAN & ANR.                                .... APPELLANT

                                                     Versus


                          SHAMSUL ISLAM & ORS.                                 .... RESPONDENTS

                          Advocates who appeared in this case:
                          For the Appellant : Mr. Rajinder Mathur, Advocate.
                          For the Respondent: Mr. Mukesh Gupta, Advocate.
                                              Ms. Anubhav Gupta, Advocate.
                          CORAM:-
                          HON'BLE MR JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE MANOJ JAIN

                                                        JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Appellants impugn order dated 26.05.2023, whereby certain parties have been directed to be impleaded and a report has been called for from the Sub-Registrar, MCD as well the Delhi Police on the allegation of tampering of seal, sale of the property despite stay and unauthorized construction being raised.

2. We notice that the Court has not adjudicated any rights of the Signature Not Verified Digitally Signed

Signing Date:04.08.2023 15:57:18 parties at this juncture and has merely called for reports from various authorities.

3. Contention of the appellants is that he has not committed any breach of order. Once the reports come, it would be open to the Court to consider as to whether there is any breach of any order of the Court or not. At this juncture, there is not even a prima facie finding that there is any breach of any order. Furthermore, in case of any adverse material comes against the appellants, it would be open to them to respond to the same in accordance with law.

4. In view of the above, we find no ground to interfere with the order dated 26.05.2023. Consequently, the appeal is dismissed.

                          ,




                                                                     SANJEEV SACHDEVA, J



                                                                               MANOJ JAIN, J
                          ,       AUGUST 2, 2023
                                  NA




Signature Not Verified
Digitally Signed

Signing Date:04.08.2023
15:57:18