Order 3

Order Details: COPY OF ORDER
Pdf Text: 7 EX 2821/25
JOGINDER KUMARTI Vs. DHAN PAL JAIN
11.12.2025
Present: Sh. Narender Singh, Ld. Counsel for DH.
None for JD.
Ld. Counsel for DH submits that revision petition is still
pending, however, there is no stay qua the present proceedings.
Let Nazir report be filed.
Be taken up again at 11:30 AM.
(DIVYA GUPTA)
ARC-02 (Central), THC,
11.12.2025
At 11:30 AM
Present: None for DH.
None for JD.
Nazir report received. 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.
In view of order XXI Rule 22 CPC there is no requirement to
serve any notice upon JD as execution petition has been filed within 2 years from
date of order i.e. 06.12.2024.
Accordingly, in view of submissions made and material on
record and as the time of 6 months from the date of eviction order dated
06.12.2024 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 on the ground floor in property
-- 1 of 2 --
No.3134, Mughal Building, Ram Bazar, Ganda Nala, Mori Gate, Delhi -
110006, 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 21.12.2025 and for report on 17.01.2026.
(DIVYA GUPTA)
ARC-02 (Central), THC,
11.12.2025
-- 2 of 2 --