MASIHI SAHITYA SANSTHA vs ABSTERGE REAL ESTATE PVT. LTD.

Judgment text excerpt

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14.08.2025 + C.R.P. 229/2025 & CM APPL. 46418-46420/2025 MASIHI SAHITYA SANSTHA .....Petitioner Through: Mr. Sanjay Dewan, Sr. Adv. with Mr. M. Qayam-Ud-Din, Ms. Unzila Fatima, Mr. Anish Dewan, Ms. Garima Verma, Ms. Kashish Jain and Ms. Vedica Gupta, Advs. versus ABSTERGE REAL ESTATE PVT. LTD. .....Respondent Through: Mr. Rajesh Yadav, Sr. Adv. with Mr. Akshay Chandra, Mr. Aditya Chandra, Mr. Vikas Sharma and Mr. Utkarsh Bhanu, Advs. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed under Article 227 of the Constitution of India, 1950 impugning an order dated 26.07.2025 passed by the learned ACJ/CCJ/ARC, NDD, Patiala House Courts, New Delhi [hereinafter referred to as “Impugned Order”] in Execution proceedings No. Ex.344/2025 captioned Absterge Real Estate Pvt Ltd v. Masihi Sahitya Sanstha. 2. The matter has been received on transfer from the Roster Bench after directions were passed for conversion of these Petitioners into Civil Revision Petitions. 3. By way of the Impugned Order, two Applications have been decided. The first Application is an Application under Section 151 of the Code of Signature Not Verified Digitally Signed C.R.P. 229/2025 Page 1 of 9 By:RAHUL Signing Date:20.08.2025 20:47:49 Civil Procedure, 1908 [hereinafter referred to as “CPC”] in RC ARC No. 14/2023 captioned Absterge Real Estate Pvt. Ltd. v. Masihi Sahitya Sansthan seeking recall and to set aside the judgment and order dated 24.12.2024 passed by the Court of the learned Rent Controller [hereinafter referred to as “24.12.2024 Judgment”] in the following manner: “(i) the Judgement and order dated 24.12.2024 be set aside by this Hon'ble Court by recalling the said. o