Mamchand v. Shri Vijay Kumar Khanna and Ors.

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:

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 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