Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Misc DJ 641/25 S. K. JOSHI Vs. SURESH KUMAR
(Main Matter : Misc DJ/0000545/2025)
22.04.2025
New application filed.
Present: Ld. Counsel for the applicant/JD (through VC).
This application has been filed in online mode.
Arguments heard.
It seems that exparte decree was passed in February 2023 and
an execution was filed by the plaintiff wherein warrant of possession was
issued.
Subsequently an application under Order 9 Rule 13 CPC came
to be filed and on the same notice was directed to be issued with specific
indication in the order dated 07.04.2025 (passed in Miscellaneous DJ
No.545/25) to the effect that there shall be no stay at all. The said
application is to come for consideration on 25.04.2025.
Despite the aforesaid, the JD side has chosen to mislead the
court with the instant application under Section 151 CPC thereby praying
that proceeding of bailiff should be stopped. I am unable to understand as
to how this kind of application that too under Section 151 CPC can be
filed when specifically stay was declined earlier. Either the JD side
should have filed a review application of earlier order or should have
challenged the same before appropriate forum. The conduct shown
should be completely deprecated. The application is dismissed.
The miscellaneous application file be consigned to record
room after due compliance.
(Rakesh Kumar Singh)
DJ-02/(N-W), Rohini Courts
Delhi/22.04.2025
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