Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ex. No.1765/2023 SHANKAR DASS V. BALWINDER SINGH MAGGO
19.01.2024
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 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 DH for early hearing and issuance of warrants
of possession.
It is submitted by ld. counsel for DH that the decree was
passed against the tenant of the suit property i.e. shop in property bearing
No.C330, Ground Floor, Nehru Vihar, Delhi – 110054 as shown in red colour
in the site plan.
It is submitted on behalf of the DH that the tenant has already
removed his belongings from the suit property and the shop is lying unlocked
and there is a strong possibility that anyone can take possession of the same.
Accordingly, there is urgency for issuance of warrants of possession qua the
same. It is further submitted that no objection has been raised in the Nazir
report and prayed that warrants of possession may be issued.
On perusal of the report of Nazir, it has come to pass that
certified copy of judgment and decree and no stay/no appeal affidavit has not
been filed along with the execution petition. Further no supporting documents
have been filed to show the said urgency in support of the present application
also.
In the given circumstance, the Court is not inclined to issue
warrants of possession at this stage.
DH is directed to file the certified copy of judgment, decree and
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along with no stay/no appeal affidavit.
Let notice of the present execution petition be issued to
the JD on filing of PF/RC, returnable for 30.01.2024. Application disposed of
accordingly.
Payal Singal
1st Link/CJ08 (Central)
19.01.2024/Delhi
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