CONT.CAS(C)/770/2023 of SURINDER SINGH & ANR. Vs HARCHARAN SINGH on 1 September 2026

O R D E R

% 01.09.2026

1. The present petition has been filed alleging wilful disobedience of the order dated 30th September, 2016, passed by the Maintenance Tribunal (Central District) Delhi, in the case bearing no. 104/Harcharan Singh/Central/2015/1482-84.

2. The relevant paragraph of the said order, reads as under: “xxx xxx xxx xxx xxx xxx”

3. Perusal of the aforesaid order clearly shows that the petitioners herein were directed to provide to the respondent herein a duplicate set of keys of the lock/door installed in the staircase on the second floor of the property in question, so that the respondent could go upstairs to use the common open terrace of the property in question to check overhead water tank.

4. This Court is informed by learned counsel appearing for the petitioners herein that the door which had earlier been installed in the staircase of second floor has since been removed.

5. However, on a pointed query by this Court, learned counsel appearing for the petitioners admits that there exists a door for access to the terrace of the property in question.

6. Attention of this Court has also been drawn to the order dated 11th January, 2023, passed in CONT.CAS(C) 884/2022, titled as Harcharan Singh Versus Mrs Ranjeet Kaur & Ors., filed on behalf of the respondent.

7. The relevant portions of the said order, read as under: “xxx xxx xxx xxx xxx xxx xxx xxx xxx”

8. Perusal of the aforesaid order shows that it is the categorical stand of the petitioners herein that they have not raised any hindrance to the access of the respondent to the terrace.

9. This Court further notes that the aforesaid order records the statement on behalf of the petitioners herein that they have not interfered with the access of the respondent herein to the terrace of the property in question.

10. The petitioners herein have been held bound by the aforesaid statement with regard to not interfering with the access of the respondent herein to the terrace.

11. Accordingly, it is clear the petitioners are to provide clear access of the terrace existing in the property in question to the respondent herein.

12. Accordingly, the petitioners, in terms of the previous orders passed by this Court and the order dated 30th September, 2016, passed by the Tribunal, are directed to ensure that unhindered access is given to the respondent herein to the terrace of the property in question.

13. In case, the door to the terrace is locked, the petitioner herein shall give a key to the respondent to the said lock, so that the respondent is able to access the terrace for the purposes of checking the water tanks installed therein.

14. It is clarified that this order shall not be construed by the respondent as an unhindered and free access to the terrace of the property in question.

15. The respondent shall access the terrace only in a limited manner to check the water tanks, in case need be and not for any other purpose.

16. It is further clarified that the respondent shall only access the water tanks, which as per the petitioners, are installed on the mumty of the terrace.

17. This order shall also not be construed by the respondent in any manner to obstruct the petitioners’ possession of the terrace/third floor of the property in question, in any manner whatsoever.

18. With the aforesaid directions, the present petition, along with the pending application, is disposed of. MINI PUSHKARNA, J SEPTEMBER 1, 2026/ak