SADHU SINGH AND ORS.(SINCE DECEASED)THROUGH THEIR LRS vs HARDEEP KAUR (SINCE DEASED) AND ORS THROUGH HER LRS & ORS.

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20th May, 2025 + EX.F.A. 2/2025 SADHU SINGH AND ORS.(SINCE DECEASED)THROUGH THEIR LRS .....Appellant Through: Mr. Kirti Uppal, Senior Advocate with Mr. Sunil Satyarthi, Ms. Archisha Satyarthi, Ms. Amita Saxena, Mr. K.K. Ojha and Mr. Amitanshu Satyarthi, Advocates versus HARDEEP KAUR (SINCE DEASED) AND ORS THROUGH HER LRS & ORS. .....Respondent Through: Ms. Sonali Malhotra, Mr. Kritika Gupta, Mr. Prachi Dutta and Mr. Vaibhav Kumar, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Mr. Kirti Uppal, learned Senior Counsel for petitioner/judgment debtor reiterates that the petitioner herein have no objection and reservation if the boundary wall/partition wall is constructed in terms of directions contained in impugned order dated 04.12.2024. He, however, submits that before raising construction of any such wall, it is imperative to install staircase so that the access of the petitioner to his premises is not compromised or impaired in any manner whatsoever. The portions, which have come to the share of the judgment debtor, are from ground floor to top floor and it is apprehended by them that if the boundary wall is constructed, without there being any separate staircase, they would not be in a position to enjoy their such portions. 2. Impugned order dated 04.12.2024 also refers to the report of Local Signature Not Verified Digitally Signed EX.F.A. 2/2025 1 By:SONIA THAPLIYAL Signing Date:21.05.2025 17:20:50 Commissioner and the relevant portion of the said report, as extracted in Para-12 of the judgment, is as under:- “Ld. Local commissioner filed detailed report. The relevant portion of the said report with respect to the objections in hand is as under:- Hence, after perusing the afo