Order 5

Order Details: COPY OF ORDER
Pdf Text: 11 EX/10/2026
DLNE010039492025
ABID
Vs.
SHABNAM BEGUM AND ORS.
17.10.2026
Present: Ld. Counsel for decree holder.
None for JD(s).
1. DH has placed on record copy of proposed sale deed which he
desires to be executed in his name in terms of decree dated
25.10.2025.
2. The present execution petition arises from judgment and decree
dated 25.10.2025 passed in suit no. CS 16/24. In the said suit,
plaintiff was
inter alia granted a decree for specific performance
of the agreement to sell dated 05.08.2023 in respect of suit
property i.e. two room set on first floor (right side portion),
admeasuring 62.05 square yards, without roof located in
property bearing No. E-2/675, out of Khasra No. 322, situated
in the abadi of Gali No. 13, E-2 Block, Nehru Vihar, in the area
of Village Mustafabad, Illaqa Shahdara, Delhi-110094.
3. As per the said judgment, decree holder is entitled to specific
performance of the above referred agreement subject to making
payment of Rs. 3 lac to D-1. The said amount has been
deposited in Court by the decree holder in the form of an FDR
favouring the Court. Said FDR has been verified from the
concerned bank. Thus, decree holder has deposited the balance
payment as per decree in Court.
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4. Vide the present execution, DH has sought necessary orders for
performance of the said agreement to sell dated 05.08.2023 and
it is submitted on behalf of DH that since JD No. 1 has not
come forward to perform the said agreement to sell, a court
officer be appointed on behalf of JD No. 1 to execute the
necessary sale deed in favour of DH.
5. Notice of the present execution as well as of the proposed sale
deed was given
inter alia to JD No. 1 in terms of order XXI
Rule 34 CPC and JD No. 1 was called upon to give her
objections (if any) against the said proposed sale deed. Despite
service of notice of the present execution as well as of the
proposed sale deed (through affixation), none appeared for the
said JD to execute necessary sale deed or registration thereof
for performance of agreement dated 05.08.2023 Ex.PW1/2
covered in judgment and decree dated 25.10.2025. As already
noted, DH has placed on record copy of proposed sale deed
which DH wants to be executed in his favour for compliance of
judgment and decree dated 25.10.2025.
6. No objections have been filed by the said JD or any other
person against the said proposed sale deed.
7. Since JD No. 1 has not come forward to execute the necessary
documents in favour of DH, Mr. Sanjay Shakya, Civil Nazir
(employee code: 90961) of this court is appointed as officer of
the court for execution of necessary sale deed in favour of DH
in terms of decree dated 25.10.2025. Mr. Sanjay Shakya shall
be paid diet money @ Rs.2,000/- which shall be paid to him by
DH.
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8. DH shall produce an affidavit before Mr. Sanjay Shakya on the
day of execution and registration of sale deed clearly affirming
that there is no stay to the impugned judgment and decree dated
25.10.2025 from any court of law. Only on production of such
affidavit by the DH would the execution/registration be done.
9. After execution of the necessary sale deed, Mr. Sanjay Shakya
shall also appear before the concerned Sub-Registrar for getting
registered the same in the office of Sub-Registrar concerned as
per rules. It is clarified that any cost/expenses with respect to
execution/registration of the sale deed shall be the liability of
the DH.
10.On the request of DH, date of 04.11.2026 is fixed for execution
and registration of the aforesaid documents before the Sub-
Registrar concerned. After execution and registration of the
aforesaid sale deed, DH shall place on record a certified copy
thereof on record.
11.Let copy of this order be given dasti to DH and Mr. Sanjay
Shakya and be also sent to Sub-Registrar concerned for
compliance.
12.List for filing of report by Mr. Sanjay Shakya; filing of certified
copy of the sale deed on 17.11.2026.
Aashish Gupta
DJ-01/NE/KKD/DELHI
17.10.2026
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