Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: 8
EX 2155/24
Najma Khatoon Vs. Sunil Verma
21.03.2025
Present: Sh. Sparsh Bagga, counsel for DH.
None for JD.
Perusal of record shows that vide order dated
05.11.2024, warrants of possessions had been issued. However, on
30.11.2024, order dated 25.11.2024 of the Hon’ble High Court of
Delhi had been received as per which it was directed that parties
shall request for adjournment before the executing court for a date
after 17.12.2024.
Therefore, warrants of possessions were not
executed.
Today counsel for DH submits that a fresh application
for appointment of bailiff had been filed on 29.01.2025 and the
same is pending for disposal.
Perusal of record further shows that the order dated
17.12.2024 of the Hon’ble High Court of Delhi is not on record.
Hence, query is made to the counsel for DH.
Counsel for DH has filed copy of order dated
17.02.2024 and 21.02.2025 of the Hon’ble High Court of Delhi.
Counsel for DH submits that the JD is taking adjournments before
the Hon’ble High Court of Delhi as well and submits at bar that
there is no stay in the present matter. He prays that fresh warrants
of possession may be issued.
Submissions heard. Record perused.
Even as per Nazir report, there is no stay in the present
matter. Further, perusal of record shows that vide order dated
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25.11.2024,
no stay had been granted by the Hon’ble High Court
of Delhi but only directed the parties to seek an adjournment
before the executing court for a date after 17.12.2024. Perusal of
order dated 17.12.2024 and 21.02.2025 of the Hon’ble High Court
of Delhi shows that no order of stay had been passed and the JD
had sought time to inspect the trial court record. However, as per
order dated 21.02.2025, matter had been adjourned for 18.03.2025
before the Hon’ble High Court of Delhi.
Hence, query is made if any stay was granted on
18.03.2025.
It is however submitted that no stay has been granted.
In these circumstances, on filing of PF and affidavit as
well as copy of order dated 18.03.2025 of the Hon’ble High Court
of Delhi, issue warrants of possession for execution of the eviction
order.
In case the bailiff finds resistance in execution of the
eviction order, he is at liberty to take assistance of the police. The
SHO of the concerned Police Station is directed to render all
assistance in execution of the warrants. In case the premises is
found locked, the lock be broken and the articles found be released
on Superdari to the judgment debtor after an inventory is drawn.
Copy of the inventory shall be filed with the report.
To come up before the Ld. ACJ on 01.04.2025 and
before this court on 24.05.2025. Copy of this order be sent to the
concerned SHO.
(Rupinder Singh Dhiman)
ARC-01, Central District,THC
21.03.2025
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