SHEIKH IQBAL AHMED & ORS vs ASHWANI KUMAR GUPTA & ORS

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th MARCH, 2025 IN THE MATTER OF: + CS(OS) 3286/2015 & CRL.M.A. 26319/2024, I.A. 23047/2015, I.A. 5386/2016, I.A. 8040/2017, I.A. 10006/2019, I.A. 31922/2024, I.A. 38027/2024 & I.A. 43052/2024 SHEIKH IQBAL AHMED & ORS .....Plaintiffs Through: Mr. Anuj Saxena, Mr. Anuj Ruhela, Mr. Prakash Sharma and Mr. Manan Malik, Advocates. Mr. Bahar U. Barqi, Advocate. versus ASHWANI KUMAR GUPTA & ORS .....Defendants Through: Mr. Kuljeet Rawal with Mr. Aditya Joshi, Advocates for Defendant Nos. 1-3,5,7,22-27 CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) I.A. 32152/2024 1. The Applicants/Defendants No. 1 to 3, 5, 7 and 22 to 27 have filed the present application under Order XXXIX Rule 1 & 2 CPC seeking the following prayers: "(a) that this Hon'ble Court be pleased to issue such directions or orders, which enables /permits the applicants to make effective use of passage out of property No. 10237, Ward No. XII, Library Road, Pul Bangash, Delhi, for ingress, engress, use etc; while also directing Plaintiffs, their representatives, assignees etc to keep both entry doors / gates open as described earlier on all working days with immediate Signature Not Verified Digitally Signed CS(OS) 3286/2015 Page 1 of 10 By:RAHUL SINGH Signing Date:12.03.2025 16:47:33 effect at least from 10 AM to 8-30 PM, for which purpose applicants volunteer & are even willing to bear Chaukidari Charges for enabling and managing the opening and closure of the both the gates & which appointment of Choukidar be also made from a reputed good security agency, by the Hon'ble Court, to enable & manage the entry gates out of property bearing no. 10237 as earlier described. (b) Relief (a) be granted ex parte till the disposal of the suit (c) An