Delhi High Court - Orders
Mr Nripendra Kumar Aggarwal vs Mr Surinder Lal Aggarwal Son Of Late Sh ... on 11 September, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 1363/2022&CM APPL. 53976/2022
MR NRIPENDRA KUMAR AGGARWAL .....Petitioner
Through: Mr. Aditya P. Khanna, Advocate
versus
MR SURINDER LAL AGGARWAL SON OF LATE SH MOHAN
LAL AGGARWAL SINCE DECCEASED THROUGH HIS LRS
MRS URMILLA AGGARWAL WD O LATE SURINDER LAL
AGGARWAL & ORS. .....Respondents
Through: Mr. Nitin Kumar, Advocate
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 11.09.2025
1. This hearing has been done through hybrid mode.
2. With the consent of parties, a Local Commissioner is appointed to inspect the premises 61/30, Ramjas Road, Karol Bagh, (subject property).
3. The allegations made in paragraphs 5 and 9 of the contempt petition which read as under:-
"5. That despite undertaking given to this Hon'ble court recorded in the order dated 14.07.2022, the respondents/ contemnors have encroached upon the entire common passage 15' x 37' by parking their cars, constructing washbasin, placing washing machine, wooden tables, Baskets of dirty clothes, Broom etc. water pipes on the way to stair case leading to first and second floor on the front side passage. Further respondents continue have blocked the service lane by placing, double aluminum ladders, folding cots, wooden board, 6' x 4' ft and thus blocking the use and rear common passage from the rear passage.
Not only that contemnors have the also respondents illegally This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 22:14:03 constructed bathroom in front of the stair case and constructed two over head water tanks of 1000 liters each on the roof of the toilets of the common passage in front of the stair case as well as 50' x 4' by long flower pots and plants/bed and further covering the same with green Rubber Jalis towards the wall of (building no.61/29) after the orders of this Hon'ble Court Division Bench dated 14. 07. 2022. It will thus be appreciated that respondents have covered 8' vide passage for car and 4' vide out of total of 15' vide front common passage.
**** **** ****
9. ......They have even got welded one ft long thick iron bolt with heavy lock inside the main door, thus preventing and using the main door for ingress and egress with furniture or any other large article to be taken in. They have virtually become the owner and occupier of even the front common passage 15' x 3 7' on the ground floor and the rear passage door. The petitioner is at the mercy of this Hon'ble court to prevent the respondents contemnors from behaving highhandedly and abusively as only a small door of 4' x 2' is kept open for Ingress and Egress of the common passage, leading to the front stair case."
4. The mandate for the Local Commissioner is as follows: -
i. The Local Commissioner shall visit the premises/gali in question, situated near property 61/30, Ramjas Road, Karol Bagh, Delhi (subject property).
ii. The Local Commissioner will also note whether the respondents/ contemnors have encroached upon the entire common passage (15' x 37')? If yes, then, in what manner?
iii. The Local Commissioner will also note whether respondents have blocked the service lane? If yes, then, in what manner? iv. The Local Commissioner will also note whether respondents have illegally constructed a bathroom in front of the staircase and with two overhead water tanks of 1000 liters each on their roof? v. The Local Commissioner will also note whether the respondents This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 22:14:03 have got welded one ft long thick iron bolt with heavy lock inside the main door preventing using the said door for ingress and egress? vi. The Local Commissioner shall take photographs and videos of the suit property, ensuring that these images clearly depict the current status.
vii. All occupants of the subject property shall extend full cooperation to the Local Commissioner to carry out the mandate of the Local Commissioner.
viii. In case there is any resistance, the Local Commissioner will be entitled to seek the help of the SHO, Local Police Station in this regard.
5. Mr. Sahil Chopra, Advocate (+91 96544 40009), is appointed as Local Commissioner. The fee of the Local Commissioner is fixed at Rs.75,000/- (excluding out-of-pocket expenses) to be borne by the petitioner.
6. Learned counsel for the petitioner shall coordinate with the Local Commissioner who in turn with consent of the parties fix the date and time for inspection. The inspection shall be carried out within a period of two weeks.
7. The report by the Local Commissioner shall be filed within three weeks after execution of the Commission.
8. Copy of the order be sent to the Local Commissioner by the Registry.
9. List on 28.01.2026.
10. Order be uploaded on the website of this Court forthwith.
AMIT SHARMA, J SEPTEMBER 11, 2025/nk/sp This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 22:14:03