SAHIN BEGUM vs SHABNAM & ORS.

Judgment text excerpt

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23rd July, 2025 + CM(M) 1328/2025 & CM APPL. 43747-43748/2025 SAHIN BEGUM .....Petitioner Through: Mr. A.K. Dhupar, Adv. versus SHABNAM & ORS. .....Respondents Through: Mr. Vanshul Pali, Panel Counsel for R-5/MCD. Mr. Niraj Kumar, Sr. Central Govt Counsel with MR. Chaitnaya Kumar, Advocates with SI Murari, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 1328/2025 & CM APPL. 43747-43748/2025 1. The petitioner is occupying ground floor of house no. 1062 Gali Rajan, Farash Khana, Delhi- 110006 and defendant Nos. 1 to 4 in the above said suit are occupants of first floor. 2. The abovesaid suit has been filed by the plaintiff with the prayer that the said defendants be restrained from demolishing the existing construction and also seeks restraining them from raising any new construction over the suit property. 3. When the suit in question was taken up by the learned Trial Court on 17.07.2025, counsel for defendant Nos. 1 to 4 made a statement that they would not raise any construction in the suit property till the disposal of the suit. However, they also sought liberty to carry out “necessary repairs as permissible under law”. 4. Statement to the abovesaid effect was recorded and, accordingly, the Signature Not Verified Digitally Signed CM(M) 1328/2025 1 By:DINESH CHANDRA Signing Date:25.07.2025 13:20:06 application filed by the plaintiff under Order XXXIX Rule 1 and 2 CPC was disposed of while giving liberty to said defendants to carry out necessary repairs as permissible by law. 5. The grievance raised in the present petition is, merely, to the effect that under the garb of carrying out necessary repairs, the defendants have started raising construction, which is not permissibl