Order 25

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1 EX 244/24
AMNA KHATOON Vs. SUDHARSHAN BHATIA
08.12.2025
Present: Sh. Absar Ahmad, Ld. Counsel for DH.
Sh. Abhbishek Chaturvedi, Ld. Counsel for Objector
(though the objections have already been decided and
dismissed vide order dated 12.11.2025).
On the last date, an application under Order 22 Rule 3 r/w
Order 21 Rule 16 and Section 151 of CPC has been filed. It is submitted
that the DH has expired on 24.11.2025 and is being survived by following
legal heirs i.e. i) Smt. Farah Noor (daughter) ii) Mr. Mohsin Dehlvi (son),
iii) Smt. Rasia Nagi (daughter) and iv) Smt. Sarah Haroon Chhabra
(daughter).
The present application has been filed on 06.12.2025 and
same is within stipulated period of limitation. Further, the cause of action is
surviving in favour of LRs of deceased DH. Hence, the court is inclined to
allow the present application.
Application under Order 22 Rule 3 r/w Order 21 Rule 16
and Section 151 of CPC is allowed and LRs of deceased DH are taken on
record. Application disposed of accordingly. Amended memo of parties is
taken on record. Let the same be placed at the appropriate place in the
judicial file. Ahlmad is directed to do the needful.
Ld. Counsel for DH submits that there is no stay/no appeal
qua the present execution proceedings and requested that warrants of
possession be issued in terms of order dated 12.11.2025.
In the interest of justice, let Nazir report be called for 11:30
AM.
(DIVYA GUPTA)
ARC-02 (Central), THC,
08.12.2025
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At 11:30 AM
Present: None.
Nazir report filed as per which there is no stay order
received till date from the Hon’ble Superior court.
Petition perused. Submissions heard. Ld. Counsel for DH
has submitted in the morning that there is no stay against the
judgment/order dated 31.07.2023.
Accordingly, warrants of possession be issued against the
JD and in favour of the DH, in respect of demised premises i.e. Property
bearing No.2167, measuring about 180sq. Yards, Phatak Habash Khan, Gali
Hinga, Baig, Delhi – 110 006, consisting of first floor, second floor along
with roof rights, as shown in the certified copy of the site plan i.e. Mark-A
(marked for the sake of identification only in the eviction petition), subject
to filing of PF.
Further, Bailiff is directed to remove all hurdles including
lock, doors etc. in order to execute present warrants of possession. Further,
Bailiff is directed to take all other necessary auxiliary steps for execution of
present warrants of possession including break open the locks, if required.
DH shall file an affidavit to the effect that there is no stay or appeal
pending on the execution of the eviction order. Concerned SHO is directed
to provide police aid and assistance including lady police officer, if
required, to the Bailiff for execution of warrant of possession.
DH is directed to appear before Ld. ACJ for appointment of
Bailiff on 17.12.2025 and for report on 19.01.2026.
(DIVYA GUPTA)
ARC-02 (Central), THC,
08.12.2025
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