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21# HIGH COURT OF DELHI
CRL.M.C. 1724/2010 & Crl. M.A. Nos. 6690/2010 (Stay) and Crl.
M.A. No. 8273/2010 (directions)
AKHTAR ALI & ANR. Petitioners
Through: Mr. K.B. Andley, Sr. Advocate with Mr. M.L. Yadav, Advocate.
CRL.M.C. 1724/2010 & Crl. M.A. Nos. 6690/2010 (Stay) and Crl.
M.A. No. 8273/2010 (directions)
AKHTAR ALI & ANR. Petitioners
Through: Mr. K.B. Andley, Sr. Advocate with Mr. M.L. Yadav, Advocate.
VERSUS
STATE OF DELHI & ORS. Respondents
Through: Mr. Mukesh Gupta, APP with SI Rakesh Singh.
Mr. S. Ganesh, Sr. Advocate with Ms. Shomona Khanna, Advocate for
Respondent No. 3.
Through: Mr. Mukesh Gupta, APP with SI Rakesh Singh.
Mr. S. Ganesh, Sr. Advocate with Ms. Shomona Khanna, Advocate for
Respondent No. 3.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
09.08.2011 By this petition the Petitioners seek setting aside of order dated 3''''
May, 2010 passed by the learned Additional Session Judge, East setting aside the order ofthe S.D.M. dated 20^*^ November, 2009 in complaint case under Section 145 Cr.P.C. against Shri Akhtar Ali, Mumtiaz Ali and
Resident Welfare Association, 39, New Rajdhani Enclave, Delhi. In the present petition an application was filed by the New Rajdhani Cooperative
House Building Society stating that the Resident Welfare Association is not a legal entity and could have been made a party. The society was permitted to be impleaded as a party in the present petition.
09.08.2011 By this petition the Petitioners seek setting aside of order dated 3''''
May, 2010 passed by the learned Additional Session Judge, East setting aside the order ofthe S.D.M. dated 20^*^ November, 2009 in complaint case under Section 145 Cr.P.C. against Shri Akhtar Ali, Mumtiaz Ali and
Resident Welfare Association, 39, New Rajdhani Enclave, Delhi. In the present petition an application was filed by the New Rajdhani Cooperative
House Building Society stating that the Resident Welfare Association is not a legal entity and could have been made a party. The society was permitted to be impleaded as a party in the present petition.
CRL.M.C. 1724/2010 Page 1 of2 t)
2011:DHC:8954 After some hearing, learned counsel for the parties agree that they would be satisfied if the seals of the SDM continue on the property and the
SDM is directed to decided the issue of possession de-novo in a time bound manner as directed by the learned Additional Session Judge, East. It is therefore, directed that the SDM will decide the complaint which has been remanded back to it by the order of the learned Additional Sessions Judge dated 3'^'^ May, 2010 as expeditiously as possible and preferably within six months.
Till then the interim order passed by the SDM directing the sealing of the property situated at 115A, Near Rajdhani Enclave, Delhi Khasra NO. 35/15, Village Khureji Khas will continue.
It is clarified that the SDM will hear the society that is the New
Rajdhani Cooperative House Building Society Ltd. also before it passes any order.
Petition is disposed of Parties will appear before the SDM on 16^*^ August, 2011 at 10.00 a.m
Order dasti to both the parties.
MUKTA GUPTA, J.
AUGUST 09, 2011/'vn'
2011:DHC:8954 After some hearing, learned counsel for the parties agree that they would be satisfied if the seals of the SDM continue on the property and the
SDM is directed to decided the issue of possession de-novo in a time bound manner as directed by the learned Additional Session Judge, East. It is therefore, directed that the SDM will decide the complaint which has been remanded back to it by the order of the learned Additional Sessions Judge dated 3'^'^ May, 2010 as expeditiously as possible and preferably within six months.
Till then the interim order passed by the SDM directing the sealing of the property situated at 115A, Near Rajdhani Enclave, Delhi Khasra NO. 35/15, Village Khureji Khas will continue.
It is clarified that the SDM will hear the society that is the New
Rajdhani Cooperative House Building Society Ltd. also before it passes any order.
Petition is disposed of Parties will appear before the SDM on 16^*^ August, 2011 at 10.00 a.m
Order dasti to both the parties.
MUKTA GUPTA, J.
AUGUST 09, 2011/'vn'
CRL.M.C. 1724/2010 Page 2 of2
113# $~ HIGH COURT OF DELHI
CRL.M.C. 1724/2010
AKHTAR ALI & ANR. Petitioners
Through: None.
113# $~ HIGH COURT OF DELHI
CRL.M.C. 1724/2010
AKHTAR ALI & ANR. Petitioners
Through: None.
VERSUS
STATE OF DELHI & ORS. Respondents
Through: Mr. Mukesh Gupta, APP for the State.
Ms. Shomona Khanna, Advocate for Respondent No. 3.
Through: Mr. Mukesh Gupta, APP for the State.
Ms. Shomona Khanna, Advocate for Respondent No. 3.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
18.08.2011 Crl.
M.A. No. 9722/2011 (correction of typographical error)
By this application the Respondent No. 3 seeks coiTection of two typographical errors in order dated 9^'^ August, 2011.
Firstly the name ofthe Senior Counsel appearing for Respondent No.3 has inadvertently been noted as Mr. S. Ganesh, Sr. Advocate. It would be read as Mr. M.S. Ganesh, Sr. Advocate.
Secondly in the order dated 9"" August, 2011 in the address inadvertently the Khasra Number was mentioned as 35/15 instead of Khasra
No. 37/15.
The third paragraph of the order be now read as "till then the interim order passed by the SDM directing the sealing of the propeity situated at
115A, Near Rajdhani Enclave, Delhi Khasra No. 37/15, Village Khureji
Khas will continue." Application is disposed of. Order dasti.
MUKTA GUPTA, J.
AUGUST 18, 2011/'vn'
18.08.2011 Crl.
M.A. No. 9722/2011 (correction of typographical error)
By this application the Respondent No. 3 seeks coiTection of two typographical errors in order dated 9^'^ August, 2011.
Firstly the name ofthe Senior Counsel appearing for Respondent No.3 has inadvertently been noted as Mr. S. Ganesh, Sr. Advocate. It would be read as Mr. M.S. Ganesh, Sr. Advocate.
Secondly in the order dated 9"" August, 2011 in the address inadvertently the Khasra Number was mentioned as 35/15 instead of Khasra
No. 37/15.
The third paragraph of the order be now read as "till then the interim order passed by the SDM directing the sealing of the propeity situated at
115A, Near Rajdhani Enclave, Delhi Khasra No. 37/15, Village Khureji
Khas will continue." Application is disposed of. Order dasti.
MUKTA GUPTA, J.
AUGUST 18, 2011/'vn'
JUDGMENT