Ms. Suresh Alias Sushmaahuja And ORS v. Jheel Kurenja Ext.Cgh Society J Kaparts And ORS
$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 735/2024, CRL.M.A. 6878/2024 MS. SURESH ALIAS SUSHMAAHUJA AND ORS.
..... Petitioners Through:
Ms. Ellis J. D. Ahuja, Mr. Jagat Singh and Mr.
Shashwat Bhardwaj, Advocates with Petitioner No. 3 in-person.
versus JHEEL KURENJA EXT.CGH SOCIETY J KAPARTS AND ORS.
..... Respondents Through:
Mr. Yasir Rauf Ansari, ASC for Delhi Police / R-4 with Mr. Alok Sharma and Mr. Vasu Agarwal, Advocates and SI Harish Kumar, PS: Paschim Vihar East.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
O R D E R
% 04.03.2024 CRL.M.A. 6879/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.
W.P.(CRL) 735/2024, CRL.M.A. 6878/2024 1.
Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been preferred on behalf of the petitioners with the following prayers: "A) Issue a Writ in the nature of mandamus directing the respondents no 4 to restrain respondents no 1-3 from restraining //blocking petitioner's entry to their lawful property i.e. (Flat A-3/36 JK Aparts (Jheel Kurenja Ext. Cooperative Group Housing Society Paschim Vihar New Delhi 110063; and 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 11/03/2024 at 11:35:52
B) Direct the respondents no 4 to take legal action against respondent no 1- 3 above named and direction be issued to the authorities concerned to ensure petitioners are not restrain from entering their property mentioned above."
2.
Issue notice. Learned ASC for Delhi Police / respondent No. 4 appears on advance notice and accepts notice.
3.
Learned ASC for respondent No. 4, on instructions of IO, submits that civil dispute with respect to the same property is pending consideration before the trial court, wherein in terms of order dated 14.03.2023 passed by learned ACJ/CCJ/ARC(W), it was noticed that there are two claimants in respect of the disputed property (i.e. plaintiff and defendant No. 2) in the suit preferred on behalf of the petitioners. It was also observed therein that ownership of the property is a matter of trial and no document was filed on behalf of the petitioners to show that she is in possession of the property. As such, the interim relief, claimed by way of injunction, was denied. 4.
The issues raised on behalf of petitioner, as such are disputed questions of fact which are already under consideration in civil proceedings and cannot be decided in the present writ petition.
5.
At this stage, after partly making submissions, learned counsel for the petitioners seeks to withdraw the writ petition. Petition is accordingly dismissed as withdrawn without expressing any opinion on the merits of the contentions raised on behalf of the petitioners and with liberty to pursue the proceedings before appropriate forum in accordance with law. Pending applications, if any, also stand disposed of. ANOOP KUMAR MENDIRATTA, J.
MARCH 04, 2024/R 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 11/03/2024 at 11:35:52