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High Court of DelhiLPA/667/2025

Taj Mohammad & ANR. v. Govt Of NCT Of Delhi & ORS.

2025-11-03Hon'Ble Chief Justice Devendra Kumar Upadhyaya,Hon'Ble Mr. Justice Tushar Rao Gedela2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 667/2025, CM APPL. 68526/2025 & CM APPL. 68527/2025 TAJ MOHAMMAD & ANR.

..... Appellants Through:

Mr. S. K. Mishra and Mr. Harsh Kr.

Pandey, Mr. Pradeep Tyagi, Mr.

Pankaj, Advs.

versus GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents Through:

Mr. Sameer Vashisht, S.C. (Civil), GNCTD with Ms. Harshita Nathrani, Adv.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 03.11.2025 1.

Heard the learned counsel representing the parties. 2.

This intra-court appeal seeks to challenge an order dated 13.10.2025 passed by the learned Single Judge, whereby prayer for grant of interim relief has been refused.

3.

We may notice that another prayer to the same effect was made which too has been turned down by the learned Single Judge while passing the order dated 17.10.2025, where the learned Single Judge while observing that for the reason given in the order dated 13.10.2025, the Court was not inclined to pass any interim order, it was further provided that any action that may be taken pursuant to the order under challenge by the learned Single Judge shall be subject to further orders in the proceedings of the writ petition.

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 06/11/2025 at 11:40:11

4.

The learned Single Judge has refused to grant the interim order in the writ petition instituted by the appellants against an order passed by the Appellate Authority under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. By the said appellate order, the eviction application filed by the respondents, which was earlier rejected by the District Magistrate, has been allowed.

5.

The learned Single Judge has observed while declining to pass interim order that the learned Appellate Authority has recorded categorical finding taking note of the conduct of the appellants and the report of Sub-Divisional Magistrate which reflects abuse, harassment and ill-treatment of the concerned senior citizens (respondents herein). 6.

In view of the reasons assigned by the learned Single Judge, which are based on the findings recorded by learned Appellate Authority, we are not inclined to entertain this appeal, which is hereby dismissed with pending applications.

7.

At this juncture, learned counsel for the appellants prays that the appellants may be permitted to retain the accommodation for one more month.

8.

For the said purpose, appellants may move an appropriate application before the learned Single Judge, which may be considered and an appropriate order may be passed in the proceedings of the writ petition instituted by the appellants, with expedition. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J NOVEMBER 3, 2025/j 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 06/11/2025 at 11:40:11