Kamal Gaur v. Archana & ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 140/2026 & CM APPL. 30122-30124/2026 KAMAL GAUR .....Petitioner Through:

Mr. Arvind Chaudhary, Mr. Ankit Chaudhary and Mr. Vinay Kumar, Advs.

versus ARCHANA & ANR.

.....Respondent Through:

Mr. Bhabani Sarkar, Adv. for R-1.

Mr. Banamali Shukla, Mr. Rakesh Kr.

Hooda, Advs. for R-2 along with R-2 in-person.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 26.05.2026 1.

This Civil Revision Petition has been filed by petitioner assailing order dated 03rd February 2026 passed by the District Judge-03, South West District Courts, Dwarka, New Delhi, in Execution (Civil) No. 194/2023 ["impugned order"], whereby the Court dismissed review application filed by petitioner against order dated 9th January 2026.

2.

Vide order dated 9th January 2026, the Court dismissed the objections filed by petitioner and issued warrants of attachment against property of petitioner bearing No. 761, Village Shahbad Mohamadpur, New Delhi. 3.

It is submitted on behalf of Kamal Gaur [petitioner herein] that the property which is sought to be executed pursuant to Judgment and Decree dated 29th April 2014, had been bequeathed to him by his grandmother, Smt. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Bateri Devi, vide registered Will dated 01st July 2013. 4.

Guardianship petition No. 618/2001, was filed on behalf of Smt. Bateri Devi, wife of late Suraj Bhan, seeking appointment as guardian of her grandson Master Kamal/petitioner. Petitioner attained majority in the year 2015, having been born on 07th June 1997. Father of the petitioner passed away on 22nd September 2002, and, thereafter, his mother left him and remarried.

5.

In the aforesaid circumstances, guardianship of petitioner was asserted by his grandmother [Smt. Bateri Devi] and was, accordingly, granted in her favour vide order dated 09th December 2006.

6.

It is asserted that when Smt. Bateri Devi passed away on 03rd July 2013, the property devolved upon petitioner by way of bequest. It seems that pursuant to order dated 09th January 2026, a Probate Petition has also been filed on 09th April 2026, under Section 276 of the Indian Succession Act, 1925, in which notice has been issued by the Probate Court. 7.

Counsel for petitioner further contends that even the Tehsildar's report, recorded by the Metropolitan Magistrate ['MM'] on 31st May 2018 states that House no. 761, Village Shahabad Mohammadpur belongs to one Kamal Gaur, who is owner of said property by virtue of registered Will No. 9196 dated 01st July 2013, and that the General Power of Attorney ['GPA'] qua the property has already been executed by the accused [respondent herein] and other persons in the year 2000, prior to filing of Complaint Case No. 4456 in 2014.

8.

In this regard, documents have been appended by petitioner, including the GPA executed by respondent no.2/Judgment Debtor [Sunil Sharma] and her brothers in favour of their mother [Smt. Bateri Devi]. Said position is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

further affirmed by respondent no.2/Judgment Debtor, who is present in the Court along with her counsel, and states that she has no right, title or interest in said property considering that she and her brothers had transferred their rights in favour of their mother in the year 2000. 9.

Respondent no.2/Sunil Sharma further states that her brothers, namely Sukhbir Singh, father of Kamal Gaur/petitioner, and Suresh Kumar have already passed away and the only surviving sibling apart from her is Manjeet Singh.

10.

Kamal Gaur/petitioner is also present in the Court and is represented through, and identified by his counsel. He states that he is in possession of said property and had acquired the same by way of bequest from his grandmother [Smt. Bateri Devi]. He further states that he has already initiated probate proceedings in this regard.

11.

Apart from the affidavit already filed by all the siblings, which is placed at page number 134 of the present petition, stating that they had transferred their respective shares in said property in favour of their mother [Smt. Bateri Devi], respondent no. 2/Sunil Sharma further undertakes that she shall request Manjeet Singh to file an affidavit affirming that he has relinquished his rights, and has no right, title or interest in said property. 12.

The said affidavit shall be placed on record within six weeks. 13.

A copy of the same shall be provided through counsel for respondent no.2/Sunil Sharma to counsel for Kamal Gaur/petitioner as well as respondent no.1.

14.

In view of aforesaid facts and circumstances, the present revision petition is allowed since the impugned order has taken a view that the property could not have been originally transferred. The said view is in teeth of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered Will, the relinquishment of rights by children of Smt. Bateri Devi in her favour, as well as the probate proceedings. 15.

In view of the statements taken on record, impugned order is set aside. 16.

Accordingly, the Executing Court shall take further steps, in accordance with law for execution of Decree in favour of Decree Holder. 17.

Counsel for Kamal Gaur/petitioner further states that property bearing No. 761, Village Shahabad Mohammadpur, New Delhi has also been considered as No. 756, Saini Mohalla, Beechwala, Village Shahbad Mohammadpur, New Delhi, and the same has been noted in order dated 03rd February 2026 passed by the District Judge in aforesaid Execution proceedings.

18.

Respondent no.2/Judgment Debtor [Sunil Sharma] shall file an affidavit before the Executing Court furnishing details of her present residential address, where notices may be served upon her, along with an updated statement of movables and immovables held by her. The same shall be filed before the Executing Court within six weeks. 19.

Accordingly, the present petition is disposed of. 20.

Pending applications, if any, are rendered infructuous. 21.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 26, 2026/MK/ya The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.