Order 1

Order Details: COPY OF ORDER
Pdf Text: 18EX164/24RANI (SENIOR CITIZEN) Vs. SUKLA SIKDER
Fresh execution petition received by way of e-filing. It be checked and registered.
25.09.2024
Present: Sh. Sanjay Kumar, Ld counsel for the DH with husband of the DH.
Sh. Shailender Kumar, Ld counsel for the JD with JD.
Sh. S P Singh, Ld. counsel for the JD (through VC).
Vakalatnama filed on behalf of the JD. The same is taken on record.
It is submitted by Ld. counsel for the JD that the JD has filed an
appeal against the order of this court dated 11.07.2024. However, it is admitted by
the Ld. counsel for the JD that no stay orders have been passed by the Ld.
Appellate Court till date. Ld. counsel for the JD submits that the matter may be
listed after 28.11.2024 i.e the date fixed for Ld. Appellate Court. It is further
submitted that JD seeks some time to pay the arrears of rent.
Ld. counsel for the DH has objected to the said plea and has
submitted that neither the JD has vacated the suit premises nor has paid the
arrears of rent in compliance of the order dated 11.07.2024 despite passage of
more than 2 months and he submits that warrants of possession may be issued
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against the JD.
Heard.
The court finds merit in the submissions of Ld. counsel for the DH,
let warrants of possession be issued against the JD on filing of PF for the next
date. DH is directed to ensure that there is no stay against the order sought to be
executed, and DH shall file his affidavit to this effect at the time of filing of PF.
Ld. Counsel for the DH is at liberty to seek police aid for the execution of the
warrants. The concerned SHO is directed to provide police aid to the DH, if
required. Bailiff can take assistance of local police if the need arises, with
direction to break open the locks in case the premises is found locked.
Endorsement in this regard be also made on the process.
However, at request of Ld. counsel for the JD, the JD is given one
opportunity to pay the arrears of rent, as per order dated 11.07.2024 by the next
date of hearing.
DH is directed to appear before this court for appointment of bailiff
on 28.10.2024.
Put up the file alongwith report of the bailiff on 28.11.2024.
(VINOD JOSHI)
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ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/25.09.2024
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