Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ex. No.1765/2023 SHANKAR DASS V. BALWINDER SINGH MAGGO
30.01.2024
At 02:30 PM
File is taken up today being 1st Link of the Court of Ms. Bharti Garg, Ld. Civil
Judge – 07 (Central) Tis Hazari Courts, Delhi.
Present: Ms. Nikita, Ld. counsel for the DH with DH in person.
File is taken up today as put up by the Nazir of the Court of Ms.
Bharti Garg, ld. Civil Judge – 07 (Central) Tis Hazari Courts, Delhi on an
application moved on behalf of the DH.
It has been reported by the Nazir that in between dates, the
certified copy of the judgment, decree as well as no stay/no appeal affidavit
was filed on behalf of the DH whereafter, notice of the present execution
petition was issued to the JD.
The notice of the present execution petition has returned back
unserved on the first address (219, Mukherjee Nagar) with the report of left.
No steps for effecting service qua the second address i.e. suit
property, being shop address of the JD.
At this stage, Ld. counsel for the DH submits that the JD has
already removed his belongings and left the suit property and the same is lying
unlocked and unattended. A photograph has also been filed on the same.
In view of the fact that decree of which execution is sought is
dated 01.09.2023 and the execution has been filed within two years of the said
date, by virtue of Order XXI Rule 2 of CPC, the Court is empowered to issue
warrants of possession directly without issuing any notice to the JD.
In the given circumstances, let warrants of possession of the
suit property be issued, on filing of PF, returnable for 05.03.2024. DH is
also directed to file affidavit of no stay/no appeal along with PF.
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DH is directed to appear before Ld. ACJ for appointment of
bailiff on 05.02.2024. Copy of this order be given dasti to DH.
Payal Singal
1st Link/CJ08 (Central)
30.01.2024/Delhi
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