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2026 Supreme(Online)(Del) 4614

IN THE HIGH COURT OF DELHI AT NEW DELHI
RISHYAB INFRATECH PVT LTD VS. M/S ANNAPOORNA INDUSTRIAL CORPORATION & ORS.
CS(OS) 623/2025



$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 623/2025, I.A. 22223/2025, I.A. 22224/2025, I.A.

32567/2025, I.A. 1629/2026 & I.A. 3331/2026 MR. ADITYA TANDON .....Plaintiff Through: Mr. Jayant Mehta, Sr. Adv. with Mr.

Amit Bhagat, Ms. Arzoo Raj, Advocates (M:9999055790)

versus MR. NAVEEN TANDON & ANR. .....Defendants Through: Mr. Kapil Arora, Ms. Palak Nagar, Mr. Kartik Sharma, Advocates for D-1 Mr. Sachin Puri, Sr. Adv. with Mr. Krishna Shukla, Mr. Sunil Kumar, Mr. Vikrant Singh Bloria, Mr. Shubham Devrani, Advocates for D-2 (M:7428505699)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 20.02.2026 I.A. 32567/2025 & I.A. 22223/2025

1. The present application has been filed under Order XXXIX Rule 2A read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), for violation of the directions passed by this Court vide order dated 22nd September, 2025.

2. Learned Senior Counsel for the plaintiff submits that vide order dated 22nd September, 2025, this Court had passed certain directions, wherein, the plaintiff was allowed access to the terrace on the second floor and the terrace above barsati floor, of the suit property.

3. The relevant portions of order dated 22nd September, 2025, reads as under:

“xxxxxxxxx

24. After hearing counsel for the parties, till the next date of hearing, the following ad interim arrangement shall operate betweentheparties:

a) The plaintiff shall continue to have access during the day hours tothe terrace above the barsatifloor, where his water tanksarelocated.

b) Intheeventtheplaintiffrequiresaccesstotheterraceonthe second floor beyond the day hours, he shall give a reasonable notice for the same to the defendants, who shall permitthesame.

c) The defendants shall be permitted to use the ground floor for the purpose of accessing their portions on the first floor andabove.

d) The plaintiff shall continue to have access to his electricity meter, which is currently installed in the garage of the property.

xxxxxxxxx”

4. Learned Senior Counsel for the plaintiff submits that while the plaintiff is in occupation of the ground floor, defendant no. 1 is in occupation of the first floor.

5. Learned Senior Counsel for the plaintiff submits that despite clear directions by this Court, the plaintiff is not allowed to access the terrace above the barsati floor.

6. In response, learned Senior Counsel for defendant no. 2 and learned counsel for defendant no. 1 submit that the order passed by this Court shall be dulycomplied with, in letter and spirit.

7. He submits that there is a guard at the staircase leading to the barsati floor. It is submitted that in case the plaintiff wishes to access the terrace on the second floor for the purposes of accessing his water tanks, the defendant nos. 1 and 2 shall ensure that the access is given to the plaintiff, unhindered in that regard.

8. The aforesaid statement made by learned Senior Counsel appearing for defendant 2 and learned counsel for defendant no. 1, on behalf of defendant nos. 1 and 2 respectively, is accepted and the defendant nos. 1 and

2 are held bound bythe same.

9. Learned Senior Counsel appearing for 2 submits that defendant no. 2 is a practicing Advocate and his ‘Name Plate’ has not been allowed to be put at the entrance of the building.

10. Learned Senior Counsel for the plaintiff, on instructions, submits that the ‘Name Plate’ of defendant no. 2 can be put at the entrance of the front gate of the premises.

11. The parties are held bound bytheir statements.

12. Noting the aforesaid, the present application, i.e., I.A. 32567/2025 is disposed of.

13. Accordingly, considering the submissions made before this Court, the directions as made in the order dated 22nd September 2025, are made absolute, during the pendencyof the present suit.

14. Accordingly, I.A. 22223/2025 is disposed of.

I.A. 1629/2026

15. Since the application being I.A. 32567/2025 already stands disposed of, the delayof 08 days in filing the reply, is condoned and the replyis taken on record.

16. Application is

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