PARVEEN KUMAR BANSAL & ANR. vs ASHWANI KUMAR & ANR.

Judgment text excerpt

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24.09.2025 + CM(M) 1903/2025, CM APPL. 60898/2025 & 60899/2025 PARVEEN KUMAR BANSAL & ANR. .....Petitioners Through: Mr. Bharat Malhotra, Advocate versus ASHWANI KUMAR & ANR. .....Respondents Through: Mr. O.P. Gupta, Advocate CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioners have approached this Court invoking supervisory jurisdiction because the Appellate Tribunal MCD is currently not functional and is awaiting appointment of a Presiding Officer. 2. It is contended on behalf of petitioners that in case their appeal is not heard, the subject property may be demolished by the respondent MCD. It is submitted by learned counsel for petitioners that the appeal was filed on 02.09.2025 before ATMCD but the same got adjourned on 03.09.2025 by the Reader because the new Presiding Officer is yet to join. CM(M) 1903/2025 Page 1 of 2 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, Signature Not Verified GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af ec45569af3962c6fb4835d435f97626cacc a, ou=HIGH COURT OF DELHI,CID - KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d 15570996b40f80cbd2eee60402c487965ff 801e26fa, cn=GIRISH KATHPALIA Digitally Signed Date: 2025.09.24 17:49:44 -07'00' By:NEETU N NAIR Signing Date:24.09.2025 17:52:45 3. Learned counsel for respondent MCD appearing on advance intimation accepts notice. 4. In similar matters, including CM(M) 1833/2025, the concerned counsel for MCD has been giving assurances that without prejudice to their rights and contentions, no precipitative action shall be taken by the respondent MCD against the subject property till stay application in the appeal is heard by ATMCD. 5. Going by the aforesaid, th