Mujeeb Ur Rehman vs Shamsul Islam - 2023 Supreme(Del) 1516

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1516

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Mujeeb Ur Rehman – Appellant
Versus
Shamsul Islam – Respondent

Advocates appeared:
Mr. Rajinder Mathur, Mr. Tarun Mathur and Mr. Akshat Singhal, Advocates, for the Appellant.
Mr. Mukesh Gupta, Standing Counsel for MCD with Mr. R. Gupta, Advocates, for the Respondent No.-2.
Mr. Manaswy Jha on behalf of Mr. Anubhav Gupta, Advocate, for the Respondent-3.

JUDGMENT (Oral)

CM APPLs.21844/2023 & 21845/2023 (exemption)

1. The applications are allowed, with a direction to the applicant to file requisite legible copies of documents and annexures within four weeks.

2. The applications are accordingly disposed of.

CONT.APP.(C) 19/2023

3. The petitioner in his petition has made following prayers:

a) To set aside the impugned order dated 13.03.2023

4. The admitted facts are that on 13.11.2019, the Court was pleased to pass an order that SDMC has sealed the property and respondent nos. 3 to 5 were restrained from carrying out any construction in the property. Thereafter, on 16.02.2020, the appellants herein, (respondent nos. 3 and 4) in the writ petition filed the reply to show cause notice stating that the writ petition was legally not maintainable since there were suppression of facts and misrepresentations. They also stated that the writ petition was a counter blast to the litigation pending between Akhtar Islam (father of Shamsul Islam) and the appellants herein; there was no illegal construction as alleged, only repairs were being carried out; the house in which shamsul Islam lives is at a distance of about 3 Km from the property of the

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