Final Order 10

Order Details: COPY OF ORDER
Pdf Text: 16 EX 52/24
KUSUM RANI BAGRI vs JAYANT PRAKASH CHAUHAN
22.01.2026
Present: Sh. Dinesh Kumar, Ld. counsel for the DH.
Sh. Shyam Kumar, Ld. counsel for the JD no. 1.
JD no. 2 in person.
Further arguments on the point of maintainability of the present
execution petition heard.
The present execution petition has been filed by the DHs under
Rule 10, Rule 11(2) and Rule 32 of Order XXI CPC for executing the decree
passed by Ld. ADJ-03 (East), Delhi dated 31.03.2023. The facts which can be
gathered from the holistic reading of the execution petition is that initially the
suit was filed by the DHs before the predecessor of this court and the suit was
dismissed vide order dated 04.09.2017. Appeal was preferred by the DHs and
subsequently the appeal was allowed and the decree was passed in favour of
the DHs whereby defendants were permanently injuncted from dispossessing
the plaintiff/DHs from the suit property without following the due procedure of
law. Now the present execution petition has been filed wherein the DHs has
prayed for the issuance of warrants of attachment and warrants of possession.
As the decree of permanent injunction was passed, the DHs were
entitled to invoke Order XXI Rule 32 of CPC wherein the decree can be
enforced by the warrants of attachment or the detention of JD in civil prison. In
the present execution petition, the DHs has sought the issuance of warrants of
possession and warrants of arrest against the JD.
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EX 52/24
KUSUM RANI BAGRI vs JAYANT PRAKASH CHAUHAN
It is noteworthy that the DHs have failed to describe how the
decree was breached by the JDs so that powers under Order XXI Rule 32 CPC
exercised. Further, simple warrants of possession has been sought which is not
permissible within the purview of Order XXI Rule 32 CPC. Thus, the DHs
have failed to discern the proper cause of action for warranting the further
action in the present execution petition.
Accordingly, the execution petition is hereby dismissed.
File be consigned to Record Room.
(VINIK JAIN)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/22.01.2026
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