Delhi High Court
Mamchand@Mc Mahesh vs Shri Vijay Kumar Khanna And Ors on 9 September, 2024
Author: Dharmesh Sharma
Bench: Dharmesh Sharma
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment reserved on : 29 August 2024
Judgment pronounced on: 09 September 2024
+ CONT.CAS(C) 1232/2024
MAMCHAND@ MC MAHESH .....Petitioner
Through: Petitioner in person
versus
SHRI VIJAY KUMAR KHANNA AND ORS. .....Respondents
Through: Mr. Gautam Suhag and Mr.
Ashish Verma, Advs. for R-3
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
ORDER
CM APPL. 49483/2024 ( for recalling of order dated 09.08.2024)
1. The petitioner seeks recalling of the order dated 09.08.2024
passed by this Court in CONT.CAS(C) 1232/2024 and initiation of
contempt proceedings against the respondents for knowingly
interfering with the due course of justice in the pending suit No.
605/2024 before the learned Senior Civil Judge West-District, Tis
Hazari Courts, Delhi (hereinafter referred to as "learned Trial
Court").
2. The aforesaid contempt case was disposed of vide order dated
09.08.2024 directing as under:
"5. The grievance of the petitioner is that he is the owner of the
property in question and the respondents have not only raised
unauthorized construction, but are also contemplating/proposing
alienating parts of the property which would lead to creation of
third party rights. It is stated that the disposal of his application
under Order XXXIX Rules 1 and 2 CPC is getting delayed since
CONT CAS (C) 1232/2024
KUMAR VATS
Signing Date:10.09.2024
15:48:30
the defendants/respondents are not coming forward despite service
of notices.
6. It is also submitted that the matter is now coming up for hearing
before Sh. Vaibhav Chaurasia, learned Civil Judge, West District,
Tis Hazari Courts, Delhi, on 03.09.2024.
7. The present contempt petition is disposed of with the direction to
the learned Civil Judge to ensure expeditious hearing and disposal
of the application under Order XXXIX Rules 1 and 2 CPC moved
by the petitioner/plaintiff before the Court in accordance with law."
3. No one is present for the respondents despite sending advance
notice.
4. The petitioner, who has argued his own case, claims that he is a
senior citizen, aged 72 years, and alleges continuous harassment by
the respondents who are attempting to interfere and trespass into the
petitioner‟s property located at B-238, Janta Colony (ShivaJi Vihar),
Near Tagore Garden, New Delhi (hereinafter referred to as „subject
property‟). It is the case of the petitioner that he has served multiple
legal notices upon the respondents on various dates viz., 02.03.2024,
28.03.2024, 14.06.2024 & 15.07.2024 but none of the aforesaid legal
notices were responded to by the respondents. Therefore, he was
constrained to file a suit for ejectment and permanent injunction on
20.04.2024 and despite the fact that summons have been issued by the
learned Trial Court, it is stated that no one has cared to appear except
for one respondent who has not even filed a reply.
5. It is submitted that although an application under Order VIII,
Rule 10 CPC has been moved on 09.07.2024 since the conduct of the
respondents demonstrates that they have deemed to have admitted the
claims of the petitioner, the respondents are interfering with the
CONT CAS (C) 1232/2024
KUMAR VATS
Signing Date:10.09.2024
15:48:30
judicial process and have allegedly attempted to sell and trespass into
the subject property on 15.07.2024.
6. The petitioner has been impressed upon that the present
contempt proceedings do not lie as there is no order or direction which
has been passed by the learned Trial Court and subsequently flouted
by the respondents. If the respondents are threatening to intervene and
disturb the status quo or attempting to sell or trespass into the subject
property, the petitioner has other efficacious remedies in law.
7. The present recall application is accordingly dismissed with
liberty to the petitioner to approach the learned Trial Court for seeking
appropriate reliefs in accordance with law.
DHARMESH SHARMA, J.
SEPTEMBER 09, 2024
Sadiq
CONT CAS (C) 1232/2024
KUMAR VATS
Signing Date:10.09.2024
15:48:30
