Order 9

Order Details: COPY OF ORDER
Pdf Text: Ex. No.272/2023
Shabnam vs. Mohd. Shakeel & anr.
31.07.2024
Present: Sh. Onkar Singh, Ld. counsel for DH.
None for JD no.2.
None for JD no.1 & 3.
Ld. Counsel for DH has submitted that the counsel
for the JD no.2 has not supplied the copy of medical documents
filed in support of his application u/s 151 CPC to the Ld. Counsel
for the DH.
Vide this order, I shall dispose of the application filed
by the JD no.2 seeking time of two months to handover the
possession of the suit property to the DH.
1. It is stated in the present application that the JD no.2 is a
widow having three unmarried daughters and she is also suffering
from ailments. It is stated that she is ready to vacate the suit
property and hand over the possession to the DH but at present,
she has no other shelter and she is searching for a suitable
accommodation and therefore, time of two months be granted to
her to arrange residence for herself and for her children. It is
further stated that no prejudice would be caused to the DH if the
present application is allowed.
2. On the other hand, the DH has strongly the application
stating that the JD only intends to unduly harass the DH. It is
further stated that in the present case, eviction decree was passed
against the JD on 21.08.2023. Subsequently, the JD no.2 filed an
appeal against the said decree but it was disposed of vide order
dated 02.11.2023 on the undertaking of the JD no.2 that she will
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hand over the possession of the suit property to the DH by
01.05.2024 subject to payment of Rs.10,000/- per month from
November 2023 onwards with a sum of Rs.10,000/- being paid by
the JD no.2 to the DH on or before 20.11.2023. However, the JD
no.2 did not comply even with the said order. It is further stated
that the averments made in the application are vague and
therefore, the present application be dismissed with heavy cost.
3. I have carefully perused the present application as well as
the reply thereto along with the court record. The record reflects
that in the present case, eviction decree was against JD no.2
passed way back on 21.08.2023 and till date, said decree has not
be set aside. It is averred in the present application that time of
two months be granted to the JD as she is suffering from ailments
and she is in search of a suitable accommodation. Since the
eviction decree was passed against the JD on 21.08.2023 and
thereafter, even the appeal filed by the JD was disposed off on
02.11.2023, it is evidence that the JD had sufficient time to
arrange for a suitable alternate accommodation. The JD also failed
to comply with the undertaking given in the Ld. Appellate Court
at the time of disposal of her appeal which shows the
malafide of
the JD. In so far as the plea of ailments suffered by the JD is
concerned, it is not specified in the present application as to the
nature of the illness which is afflicting the JD. However, during
arguments, Ld. Counsel for JD had submitted that the JD is
suffering from brain hemorrhage and on the last date of hearing,
some medical documents had also been filed by Ld. Counsel for
the JD. I have perused the said records as well. These records only
indicate that the JD suffered from a mild injury and in so far as the
pathology report is concerned, the same is also not indicative of
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any serious illness which would compel the court to show some
leniency to the JD. The record also reflects that the JD also fails to
appear in the Court on hearing dated 17.05.2024 and 29.05.2024
and after issuance of warrants of possession vide order dated
29.05.2024, the present application was filed. It appears that the
present application has been filed simply to delay the execution of
the eviction decree dated 21.08.2023.
4. In view of the above said discussion, the above application
of JD no.2 stands dismissed. Accordingly, the application of the
DH seeking police aid for execution of warrants of possession qua
the suit property stands allowed.
5. Issue warrants of possession qua the suit property
returnable for 13.09.2024. The DH is directed to appear before the
Ld. ACJ for the appointment of Bailiff on 21.08.2024.
(AAKANKSHA VYAS)
SCJ-cum-RC/
North East District,
KKD/Delhi/31.07.2024
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