CONT.CAS(C)/1096/2026 of VIRENDER CHAWLA & ANR. Vs NARESH AND ORS on 12 August 2026

O R D E R

% 12.08.2026

1. The present petition has been filed alleging wilful disobedience of the judgment dated 18th November, 2025, passed by this Court in FAO 192/2025, wherein, it had been directed as follows: “xxx xxx xxx

8. Apart from Annexure A-12, there is no other material presently before this Court to ascertain the state of affairs existing in the property. Annexure A-12 shows that the appellants/plaintiffs are in possession of the property. It is submitted that the said order has not been challenged till date. In these circumstances, the impugned order is set aside and the respondents/defendants are restrained from interfering with the appellants’/plaintiffs’ possession and enjoyment of the property, till the disposal of the suit.

9. It is made clear that both sides shall not create any third party interest in the property. If any constructions are required to be done, it shall be strictly in accordance with the permit that is stated to have been granted by the authority concerned to the appellants/plaintiffs. xxx xxx xxx”

2. The aforesaid judgment sets aside the order dated 16th May, 2025, passed by the District Judge-02, West District, Tis Hazari Courts, Delhi in CS 278/2020, wherein, it had been held that the petitioner herein had not shown any prima facie case with regards the stopping of other persons/general public from entering into the premises on which the petitioner herein seeks to claim his ownership and possession.

3. This Court records the statement made by learned counsel appearing for the petitioners that there exists no Balmiki Temple on the said premises, and that the same is a private property of the petitioners.

4. Learned counsel appearing for the respondent no. 9, i.e., Station House Officer (“SHO”), Police Station (“PS”) Rajouri Garden, has handed over to this Court, a Status Report dated 11th August, 2026, in which it is stated that the respondents had organised a Bhandara on 05th July, 2026, on the said premises, which is the subject matter of the present petition and qua the ownership of which the suit proceedings are going on.

5. The said Status Report is taken on record.

6. Learned counsel appearing for the petitioners has also handed over to this Court, a copy of a photograph to show that on the land, which is the subject matter of the present petition, a Bhandara was organised by the respondents. The said photograph is reproduced as under:

7. Reading of the order dated 18th November, 2025, makes it very clear that there were categorical directions that the property in question needs to be preserved. The order dated 16th May, 2025, passed in Suit 278/2020, has been set aside, and the respondents have been restrained from interfering with the possession and enjoyment of the property in question by the petitioner, till the disposal of the said suit before the Trial Court.

8. Accordingly, the respondents are directed not to interfere or obstruct in any manner, with the possession of the petitioners of the property in question.

9. This Court records the statement made by learned counsel appearing for respondent nos. 1 to 8 that they shall file a Review Petition against the said order dated 18th November, 2025.

10. The aforesaid statement is taken note of.

11. This Court also records the undertaking made by learned counsel appearing for the respondents that till the aforesaid order dated 18th November, 2025, is modified in any proceedings, they shall not interfere with the possession and enjoyment of the petitioners, in the property in question.

12. The respondent nos. 1 to 8 are held bound by the aforesaid undertaking.

13. Needless to state, in case of any obstruction, the petitioners are at liberty to approach the local police, who shall provide adequate assistance in that regard.

14. Accordingly, the present petition is disposed of, in the aforesaid terms. MINI PUSHKARNA, J AUGUST 12, 2026 c