JUDGMENT

Manmeet Pritam Singh Arora, J. - The present appeal has been filed impugning the order dated 27th February 2023 passed in Interlocutory Application (IA) bearing no. 21032 of 2022 in CS (OS) No. 576/2022 (`Impugned Order') whereby learned Single Judge of this Court disposed of the said application with the observation that it is open to the DCP (Central), PS Daryaganj as well as Chief Fire Officer to duly attend to the grievances raised by Appellant no.1 with regard to the property i.e., Akarshan Bhawan, 23, Ansari Road, Daryaganj New Delhi (`subject building or building') and further take such remedial measures as may be warranted for the same.

1.1. The Appellants are the original plaintiffs and Respondent Nos. 1 to 5 are original defendants in the civil suit filed before the learned Single Judge of this court. Respondent No. 4 is the only contesting Respondent in this appeal and in the suit proceedings as well.

1.2. The civil suit has been filed by the Appellants seeking a decree of declaration and permanent injunction restraining Respondent Nos. 1 to 4 from raising any construction or making structural changes in the subject building without obtaining sanction/written permission from all the applicable statutory authorities and declaring that members of the Appellant no.1 i.e. Akarshan Bhawan Flat Owners Welfare Association (`Association') have an easement right with regards to the roof of the subject building for housing lift room, guard room, water tanks for sanitation and firefighting as well.

1.3. The facts of the case to the extent relevant for the present appeal are that during the pendency of the said civil suit, in the intervening night of 24th and 25th October 2022, it is alleged that Respondent No. 4 along with other unknown persons broke open the locks leading up to the terrace of the subject building and unilaterally removed all the water tanks installed on the roof servicing fire safety equipment and supplying water to the toilets situated on the lower floors of the subject building.

1.4. Due to such conduct of Respondent No. 4, Appellants lodged a First Information Report (`FIR') before the Police Station (PS) Daryaganj registered as FIR No. 0352/2022 and approached various authorities including the Deputy Commissioner of Police (Central Delhi) for the purpose of restoration of water supply to the toilets and the firefighting equipment by reconnecting the water tanks. However, due to inaction of the authorities to address or take any measures against Respondent No. 4, the Appellants filed the aforesaid I.A. No. 21032 of 2022 before the learned Single Judge seeking directions be issued to Respondent no. 4 to restore the water supply to the toilets and the firefighting system by reinstalling the overhead water tanks removed on the roof of the building and also allow the members of Appellant No. 1-Association access to the roof of the building for maintenance of the water tanks and the lift equipment installed in the lift room during all time of the day.

1.5. In view of the rival claims of the parties, the learned Single Judge after perusing the photographs produced by Respondent No.4 observed that the water tanks, pumps and the electricity panel appeared to have been lying in a state of disrepair and disuse; and therefore, refrained from granting the relief of restoration. However, after taking note of the communications issued by the Fire Department calling upon the Appellant no.1-Association to revamp the fire safety system and the communications recording the disconnection of the water supply, the Court reserved liberty to the Appellants to approach the statutory authorities as well as the appropriate Court for remedial measures.

1.6. The Appellants have filed the present appeal aggrieved by the impugned order and are seeking the relief of restoration of water supply to the toilets on the lower floors as well as the fire fighting system of the building.

Arguments on behalf of the parties

2. Learned counsel for