Ajit Bharihoke, J.

1. S.K. Bhalla, the Petitioner herein vide this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure is seeking following prayer:

(a) To call for the record of both the courts below and thereafter;

(b) To kindly, may be pleased to interfere in the impugned orders and to correct the mistake committed by both the courts below by setting aside the orders passed by them and by issuing directions to decide the case on merits according to law.

2. The facts leading to this petition are that the Petitioner is the owner of House No. XVI/70, Gali No. 2, Joshi Road, Karol Bagh. Respondent No. 2 in June, 2005, purchased a nearby property i.e. half of the house being House No. XVI/72, Gali No. 3, Joshi Road, Karol Bagh, New Delhi. In May 2006, Respondent No. 2 with the assistance of Respondents No. 3 & 4 demolished the existing structure at property No. XVI/72, Joshi Road, Karol Bagh and raised new construction. He opened two windows at the first floor of the construction. The windows overlooked the courtyard of the property of the Petitioner. Petitioner protested against opening of the windows and on his request,