Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11 EX 4242/24
SWARAN MAKKAR, SINCE DECEASED, THROUGH LR VS.
PUNEET CHHABRA
13.12.2024
Present : Sh. Gaurav Kumar, Counsel for the DH.
Sh. Parth Mahajan, Counsel for the JD alongwith JD.
The present execution petition is filed for execution of order
dated 29.04.2024 in RC/ARC 23/2023 vide which leave to defend
application of the JD was dismissed and JD was directed to hand over the
possession of tenanted premises as mentioned in the order to the DH.
The present execution petition was filed by LR of DH upon
whom the aforesaid property is stated to have devolved through Will of
DH. DH is stated to have expired on 29.09.2024. Copy of death certificate
of DH has been filed. Copy of Will of DH is also filed. The execution
petition has been filed within two years of the order.
It is submitted by Ld. Counsel for the DH that JD has filed a
revision petition before the Hon’ble Delhi High Court, however, there is no
stay on execution proceedings and accordingly, warrants of possession of
tenanted premises may be issued.
Ld. counsel for JD seeks time to file objections.
Submissions heard. Record perused.
Admittedly, there is no stay against the execution of order
dated 29.04.2024 by Hon’ble Delhi High Court. Sufficient time has
elapsed since passing of said order. There appears to be no reason as to
why JD has not taken steps for obtaining proper order regarding stay of
execution from Hon’ble Delhi High Court where revision is stated to be
pending.
Accordingly, warrants of possession in respect of the premises
as mentioned in the order dated 29.04.2024 be issued against the JD on
filing PF by the DH. Bailiff can take assistance of local police and can
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break open the lock of the premises, if the need arises for execution of
warrants of possession. Endorsement in this regard be also made on the
process.
DH is directed to appear before Ld. ACJ, Central for
appointing of bailiff on 20.01.2025.
Put up for report of the bailiff on 04.02.2025.
(Upasana Satija)
SCJ-cum-RC: Central
13.12.2024
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