Mohd Ismail Maulai & Ors. vs Raheesuddin & Ors.
2023 Latest Caselaw 5421 Del

Delhi High Court

Mohd Ismail Maulai & Ors. vs Raheesuddin & Ors. on 22 December, 2023

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva

                          .




                          $~19

                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                            Date of decision: 22nd December, 2023

                          +         CONT.APP.(C) 61/2023 &CM APPL. 67441/2023

                                    MOHD ISMAIL MAULAI & ORS.                    ..... Appellants

                                                             versus

                                    RAHEESUDDIN & ORS.                           ..... Respondents

                          Advocates who appeared in this case:
                              For the Appellants:      Mr. A K Srivastava, Advocate with Appellant in
                                                       person.
                          For the Respondents:         Mr. Varun Goswami, Mr. Sahil Agarwal and
                                                       Mr. Hritik Chaudhary, Advocates.

                          CORAM:-
                          HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE MANOJ JAIN
                                        JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) CM APPL. 67441/2023(exemption)

Exemption allowed, subject to all just exceptions.

CONT.APP.(C) 61/2023 & CM APPL. 67440/2023

1. Appellant impugns order dated 19.12.2023 in CM 62173/2023 whereby appellant has been directed to hand over possession of the property to the respondent.

2. The subject appeal is an appeal filed under Section 19 of

.

Contempt of Courts Act, 1971. An appeal under Section 19 lies only where the Court has exercised its Jurisdiction to punish for contempt.

3. Reference may be had to the judgment of the Supreme Court in D.N. Taneja versus Bhajan Lal (1988) 3 SCC 26. Subject order under challenge does not show exercise of Jurisdiction to punish for contempt. Accordingly the subject appeal is not maintainable.

4. The appeal is consequently dismissed.

5. Needless to state that dismissal of this appeal will not preclude the appellant from taking appropriate remedies in accordance with law.

6. Order dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J

MANOJ JAIN, J

DECEMBER 22, 2023/sw