Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: EX 1598/25
Ashok Beri Vs. Narender Kumar
01.08.2025
Present :- Sh. Parmod Kumar Singh, Ld. Counsel for DH
alongwith DH.
Sh. Yash Mittal, Ld. Counsel for Objector/JD
Narender Kumar.
Today objections filed on behalf of objector alongwith
memo of appearance. Vakalatnama be filed on or before the NDOH
without fail.
Copy supplied. On perusal of the objections u/s 47
CPC, it is seen that the prayer of the objection is to set aside the
eviction order dated 20.12.2024 passed by Ld. Predeccsor of the court.
It is observed that by way of the objections u/s 47 CPC,
the final order /decree itself cannot be set aside and only execution of
the same can be matter of question for determination. Accordingly,
said objections are hereby dismissed as not being maintainable.
At this stage, it is further submitted on behalf of
Obejctor /JD that a review petition has been also filed seeking the
review of eviction order dated 20.12.2024 which is pending before the
pressent court and is fixed for 18.08.2025.
Nazir report filed. Perused. As per said report, there is
no stay order received from Hon’ble High Court of Delhi.
Petition perused. Submissions heard. Ld. Counsel for
DH also submits that there is no stay against the judgment/order.
Again, as appearance has been marked on behalf of JD,
there is no requirement to issue any notice to JD and even otherwise
as execution has been filed within 2 years from date of eviction order
dated 20.12.2024, as per Order XXI Rule 22 CPC there is no
requirement to serve any notice upon JD.
Cont…..
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Accordingly, in view of submissions made and material
on record and as the time of 6 months from the date of eviction order
dated 20.12.2024 has already elapsed in terms of section 14 (7) of
DRC Act and therefore, warrants of possession be issued against the
JD and in favour of the DH, in respect of demised premises i.e. shop
no. 3(Private ) on ground floor, forming part of premises no. 1887/45,
Nai Wala Street, Karol Bagh, New Delhi-110005 as shown in Red
Colour in the certified copy of the site plan, 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 20.08.2025 and file be for report on 08.09.2025.
(VIVEK KUMAR AGARWAL)
ARC-02 (Central), THC,
01.08.2025
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