Rais Since Deceasedthrough Lr Mst ... vs Mohd Naim & Ors on 23 February, 2023

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Delhi High Court - Orders

Rais Since Deceasedthrough Lr Mst ... vs Mohd Naim & Ors on 23 February, 2023

Bench: Tushar Rao Gedela

                          $~58
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CM(M) 296/2023
                                 RAIS SINCE DECEASEDTHROUGH LR MST MUNAWAR
                                 JEHAN & ORS.                             ..... Petitioners
                                               Through: Mr. S. D. Ansari with Mr. I. Ahmad,
                                                        Advs.

                                                        versus

                                 MOHD NAIM & ORS.                                      ..... Respondents
                                              Through:               Mr. Simran Jyot Singh Khandpur,
                                                                     ASC for R-7
                                                                     Ms. Pratima N. Lakra, CGSC with
                                                                     Ms. Vidhi Gupta, Advs. for R-8

                                 CORAM:
                                 HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                        ORDER

% 23.02.2023 [ The proceeding has been conducted through Hybrid mode ] CM APPL. 9026/2023 (Exemption)

1. Exemption is allowed, subject to all just exceptions.

2. However, the certified copies of the exempted documents may be filed within four weeks from today.

3. Application stands disposed of.

CM APPL. 9027/2023 (Exemption from TCR)

4. TCR and ACR, may be requisitioned, scanned, paginated, bookmarked and appended with the present petition and after completion of the process, the records be transmitted back to the respective learned Courts.

Signature Not Verified Digitally Signed CM(M) 296/2023 1 By:VINOD KUMAR Signing Date:28.02.2023 15:20:40

CM(M) 296/2023 & CM APPL. 9025/2023 (Stay)

5. The petitioners challenge the order dated 16.01.2023 in Civil Suit bearing No. 2720/2018 titled "Mohd. Naim & Anr. Vs. Ubaid Ur Rehman & Ors." whereby the learned Trial Court directed the MCD respondent No.7 herein to file a fresh status report and posted the matter for further consideration on 27.03.2023 simultaneously directing the MCD/respondent No.7 herein to file its action taken report.

6. Mr. Ansari, learned counsel appearing for the petitioners submits that the Civil Court does not have the jurisdiction either to direct the action to be taken by MCD or even the jurisdiction to direct filing of action taken report and therefore by virtue of the impugned order, the learned Trial Court has exceeded its jurisdiction vested upon it by law.

7. Mr. Khandpur, additional standing counsel appears on behalf of MCD/respondent No.7. Ms.Lakra, CGSC appears on behalf of respondent No.8.

8. Ms. Lakra appearing for the Union of India/respondent No.8 submits that Union of India had filed an application /objection before the learned Trial Court on the ground that the subject suit property was an enemy property and the property by virtue thereof, vests with the Central Government. However, the said application was not pursued and was dismissed in default.

9. Mr. Khandpur who appears on behalf of respondent No.7 draws attention of this Court to the order dated 02.11.2018 whereby the learned Trial Court had specifically noted that whatever observations Signature Not Verified Digitally Signed CM(M) 296/2023 2 By:VINOD KUMAR Signing Date:28.02.2023 15:20:40 were made in that order would not operate as a bar to any proceedings to be initiated by defendant No.6, which is respondent No.7 herein with respect to the suit property.

10. Mr. Khandpur submits that it is in accordance with the directions of the learned Trial Court that the respondent No.7 has been taking action in accordance with law.

11. Issue notice.

12. Mr. Khandpur and Ms. Lakra accept notice on behalf of respondent No.7 and 8 respectively.

13. Upon the petitioner taking steps within a week, notice may be served to respondent Nos. 1 to 6 through all permissible modes. Additionally, through learned counsel appearing for the respondents before the learned Trial Court.

14. However, for the time being, respondent No.7 & 8 alone are called upon to file their affidavits / status reports in respect of the issue raised in the present petition within four weeks from today.

15. Rejoinder thereto, be filed within four weeks thereafter.

16. List for consideration on 06.09.2023.

17. In the meantime, the learned Trial Court shall not insist on filing further action taken report, however, this shall not come in the way of respondent No.7 to take action in accordance with law.

TUSHAR RAO GEDELA, J FEBRUARY 23, 2023 ms Signature Not Verified Digitally Signed CM(M) 296/2023 3 By:VINOD KUMAR Signing Date:28.02.2023 15:20:40

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Delhi High Court - Orders