Mujeeb Ur Rehman & Anr. v. Shamsul Islam & Ors.

Delhi High Court · 02 Aug 2023 · 2023:DHC:5480-DB
Sanjeev Sachdeva; Manoj Jain
CONT.APP.(C) 42/2023
2023:DHC:5480-DB
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the contempt appeal against an interim order calling for reports on alleged property irregularities, holding no prima facie breach was established.

Full Text
Translation output
CONT.APP.(C) 42/2023
HIGH COURT OF 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 CONT.APP.(C) 42/2023 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