Mehar Chand (Deceased) Through His Legal Heirs v. Saidulnisa And ANR

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3374/2024 & CM APPL. 53003/2024 & CM APPL. 53004/2024 MEHAR CHAND (DECEASED) THROUGH HIS LEGAL HEIRS .....Petitioner Through:

Mr. Mukesh Anand, Advocate.

versus SAIDULNISA AND ANR .....Respondents Through:

Mr. Sanjay Kumar Pathak, SC with Ms. K K Kiran Pathak, Mr.Sunil Kumar Jha, Mr. M S Akhtar, Mr.

Mayank Madhu and ms. Mussarat B Hasmi, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 11.09.2024 1.

Learned counsel for petitioner states that he is not challenging the aspect related to public auction and is only concerned with the fact that when the order of the Competent Officer dated 27.09.1978 was set aside, despite there being specific directions by the then learned Appellate Officer, Delhi in order dated 20.01.1979, of taking steps for separating the interest of evacuee from those of non-evacuee in the property in dispute in accordance with the provisions contained in Section 10 of Evacuee Interest (Separation) Act, 1951, no step has been taken so far and there is no separation of interest in the said property.

CM(M) 3374/2024 1 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 13/09/2024 at 12:16:00

2.

He states that he may be permitted to withdraw the present petition in order to explore other permissible legal avenues for the purpose of ensuring that such separation of interest takes place. 3.

Accordingly, the petition stands disposed of as not pressed in aforesaid terms.

MANOJ JAIN, J SEPTEMBER 11, 2024/sw CM(M) 3374/2024 2 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 13/09/2024 at 12:16:00