Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: Ex. 15/2026
Zaheer Ahmad vs. Saima Begam
18.04.2026
Present: DH with Sh. Z.A. Khan and Mohd. Yusuf, Ld.
Counsels for DH.
Mohd. Hasan, Ld. Counsel for JD.
At this stage, ld. Counsel for the JD submits that due
to personal reasons he wants to withdraw his vakalatnama on
behalf of the JD. Allowed. Accordingly, Sh. Mohd. Hasan is
discharged as Counsel for the JD in the present case.
In view of the aforesaid facts, let fresh notice be
issued to the JD.
Arguments on the application of the DH for
modification of the order dated 08.04.2026 heard and documents
perused. As per the documents of title in favour of the DH, he is
the owner of the fourth floor of the suit property bearing no.
R-37, out of Khasra No. 108-113, Gali No. 21, Brahampuri,
Shahdara, Delhi-110053. Similarly, the title documents of the JD
are only in respect of the second floor of the said property
without any roof rights.
On 08.04.2026, the JD appeared in Court and stated
that the DH is trying to take forcibly possession of the terrace
which he has described as a tin-shed and was not a part of the
decree. On the basis of the said submission, the Court restrained
the DH from taking possession of the terrace or to visit there
forcibly. However, after hearing the Ld. Counsel for the DH and
on considering the respective title documents in favour of both
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the parties, it is abundantly clear that the DH is the owner of the
terrace / roof having its rights recorded in the title documents.
The room which was part of the decree was already constructed
on the terrace when the DH took its possession after purchasing
the property and therefore, the said room is also owned by the
DH. The same room was got vacated from the JD pursuant to the
warrant of possession issued in the execution and in terms of the
judgment and decree.
It implies that the JD has no right, title or interest on
the terrace/roof of the property except to have access to the water
tanks installed thereupon. Accordingly, the order dated
08.04.2026 is recalled and set-aside as far as it directed the DH
not to take forcible possession or visit forcibly the terrace/roof of
the said property. However, the JD shall have limited right to
access the water tank in case of necessity after informing the DH.
Application disposed off.
Issue Court notice to the JD for the date already
fixed i.e. 08.05.2026.
(SANJAY SHARMA-I)
Principal District & Sessions Judge,
North-East District, KKD, Delhi/18.04.2026
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