Final Order 2

Order Details: COPY OF ORDER
Pdf Text: MISC DJ 141/26
ASHOK KUMAR Vs. SHYAMA DEVI
13.05.2026
Present: Mr. Karandeep Singh and Arjun Singh, Ld. Counsel for
applicant Shyama Devi with applicant.
Ld. Counsel for non-applicant Ashok Kumar.
1. Reply to the present application filed.
2. This application arises in CS No. 112/19 titled as 'Ashok Kumar
Vs. Shyama Devi' decided vide judgment and decree dated
26.12.2025. The said suit was a suit for recovery of money
wherein Ashok Kumar/non-applicant had set up an agreement
to sell dated 11.06.2014 against the applicant. It was his case
that applicant did not perform her part of bargain and thus, she
is liable to pay a sum of Rs. 6.5 lac to non-applicant.
3. In the said proceedings, an original sale deed dated 20.08.2014
Ex.PW1/3 (colly) belonging to applicant was produced by non-
applicant. This sale deed admittedly belongs to a property of the
applicant. Now, by way of the present application, applicant
wants her sale deed to be released to her in original after
retaining a certified copy thereof.
4. The application is opposed by counsel for non-applicant on the
ground that since the said document was produced by non-
applicant and non-applicant wants to prefer an appeal against
the judgment and decree dated 26.12.2025 therefore, the
document should not be released to applicant.
5. The statutory time for filing first appeal in this case has already
expired. Admittedly, as on date, no appeal has been filed by the
non-applicant/plaintiff before the Hon’ble High Court of Delhi.
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Again, admittedly, applicant herein is the owner of property
covered under the sale deed in question. The suit in question
was not premised upon the said sale deed and was only
produced during evidence by applicant. Once it is found that the
document is in no way connected to the non-applicant and with
non-applicant not setting up any legally available ground to
withhold the said document, in my humble opinion, the
document is liable to be released to the applicant herein.
6. Thus, the application is allowed. Let the original of sale deed
dated 20.08.2014 Ex. PW1/3 be released to the applicant
against due receiving. Certified copy thereof be taken on record.
7. Applicant shall keep the said document in safe custody and in
case any appellate Court directs the applicant to produce the
said document in original, applicant shall be liable to comply.
8. Let this file be tagged with the main suit file and be consigned
to Record Room. Copy of this order be also placed on the main
suit file. Dasti.
Aashish Gupta
DJ-01/NE/KKD/DELHI
13.05.2026
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