Order 3

Order Details: COPY OF ORDER
Pdf Text: 12
EX
438/23
AVTAR CHAND
Vs.
MOHAN LA VERMA @ M. L. VERMA
06.02.2024
Present: Sh. Durgesh Pal, Ld. counsel for the DH with son of the DH.
JD in person.
JD submits that he has filed a petition before Hon'ble High Court
of Delhi. Ld. counsel for the DH has filed the copy of the order of Hon'ble
High Court of Delhi dated 20.12.2023, as per which it has been directed that
there is no stay in the present proceedings.
Today, the court has asked the JD whether he is willing to hand
over the peaceful possession of the suit premises to the DH, however, he has
submitted that he will not do so unless the DH pays him the earnest money. Ld.
counsel for the DH submits that warrants of possession may be issued against
the JD.
Heard. Record perused.
Considering the submissions of Ld. counsel for the DH justified,
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
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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.
DH is directed to appear before this court for appointment of
bailiff on 04.03.2024.
Put up the file alongwith report of the bailiff on 10.04.2024.
(VINOD JOSHI)
ACJ-cum-CCJ-cum-ARC (East)
KKD Courts, Delhi/06.02.2024
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