High Court of DelhiEX.P./79/2023

Shri Purshotam Lal Since Deceased Through His Lr Shri Gulshan Arora v. Shri Harbans Singh

2024-04-30Hon'Ble Mr. Justice Jasmeet Singh8 pages

$~10-11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EX.P. 79/2023 & EX.APPL.(OS) 1646/2023 SHRI PURSHOTAM LAL SINCE DECEASED THROUGH HIS LR SHRI GULSHAN ARORA ..... Decree Holder Through:

Mr. Shivam Bharara, Mr. Aditya Tanwar, Ms. Akansha Maheshwari, Advs.

versus SHRI HARBANS SINGH ..... Judgement Debtor Through:

Mr. Pawan Mathur, Mr. Sanjay Sawhney, Advs.

+ EX.P. 83/2023 HARBANS SINGH ..... Decree Holder Through:

Mr. Pawan Mathur, Mr. Sanjay Sawhney, Advs.

versus PURSHOTTAM LAL SINCE DECEASED THROUGH HIS LR SHRI GULSHAN ARORA ..... Judgement Debtor Through:

Mr. Shivam Bharara, Mr. Aditya Tanwar, Ms. Akansha Maheshwari, Advs.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 30.04.2024 1.

EX.P. 79/2023 is the execution petition filed by Mr. Gulshan Arora (LR of Mr. Purshotam Lal Arora) seeking the following prayers:- "The Applicant/Decree Holder submits that the Judgment/Decree drawn on 14.12.2022 and order dated 05.01.2023 was passed by Hon'ble High Court of Delhi. It is therefore requested that necessary directions be issued to the Non-Applicant/ Decree Holder in order to comply with the Deeree/Judgment drawn on 14.12.2022 and order Dated 05.01.2023, and not to mention the incorrect area on the proposed Sale Deed to be executed by the Non- Applicant/ Decree Holder in favour of interested purchaser for the Property i.e. front portion of Plot No.- 3, Block A, Naraina Industrial Area, Phase-1, New Delhi- 110028." 2.

On the other hand, EX.P. 83/2023 is the execution petition filed by Mr. Harbans Singh seeking the following prayers:- "THE DECREE HOLDER MOST RESPECTFULLY PRAYS THAT this Hon'ble Court in the above premises be pleased to execute the orders 18.10.2022 and the subsequent drawing of the Decree Sheet on 14.12.2022 and pass appropriate orders as detailed above and take up all steps which are necessary for the execution of the same in its true letter and spirit with costs."

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

In the present case, a decree has been passed on 14.12.2022 which reads as under:- "

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

DEPUTY REGISTRAR (O) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The decree holder in the execution petition being EX.P. 79/2023 states that he is the owner of the owner of 250 sq. yds. in Plot No. 3, BlockA, Naraina Industrial Area, Phase-1, New Delhi-110028. 5.

On the other hand, the decree holder in the execution petition being EX.P. 83/2023 states that he is the owner of 200 sq. yds. in property No. A-3, Naraina Industrial Area, New Delhi-110028. 6.

As an executing court, this Court cannot go behind the decree and/ or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

clarify the decree which is sacrosanct, as far as the executing court is concerned.

Hence, holding that the decree dated 14.12.2022 shall be executed in the form it is available, both the execution petitions are disposed of. EX.APPL.(OS) 1511/2023 8.

This is an application filed under Section 47 read with Section 151 of the CPC by Mr. Purshotam Lal Arora seeking the following prayers:- "a) Pass immediate Ex-Parte, Ad-interim restrain order in favour of the Applicant/ Decree Holder and against the NonApplicant/ Decree Holder for registering a Sale Deed more than 154 Sq. Mtrs. of the suit property, and direct the NonApplicant/ Decree Holder to Execute Final Decree, the NonApplicant/ Decree Holder to get the sale deed drafted, and to be executed and registered, to the extent of his admitted actual physical possession at site i.e. 154 Sq. Mtrs, further directions to be issued Sub-registrar to not to register any Sale Deed of Shri Harbans Singh S/o Late Shri Honda Singh R/o G-126, Naraina Vihar, New Delhi-110028, more than the actual allotted physical possession of 154Sq. Mtrs. in the interest of Justice.

b) Pass necessary directions to the Non-Applicant/ Decree Holder to comply the Decree drawn on 14.12.2022 and order dated 05.01.2023, and not to mention the incorrect area on the proposed Sale Deed to be executed by the NonApplicant/Decree Holder in favour of interested purchaser The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

for the Property i.e. front portion of Plot No.- 3, Block A, Naraina Industrial Area, Phase- 1, New Delhi- 110028. c) Pass directions to Non-Applicant/ Decree Holder to return the Original Registered Final Decree Sheet in compliance of the Order Dated 05.01.2023 of the Hon'ble High Court of Delhi along with Original Conveyance Deed and DDA Original file with immediate effect in the interest of Justice." 9.

Mr. Mathur, learned counsel for the judgment debtor in EX.P. 79/2023 states that the sale deed has already been executed and registered in this regard.

10. In this view of the matter, the present application has become infructuous.

11. Even otherwise, what the decree holder is seeking is a clarification of the decree drawn on 14.12.2022, which this Court is unable to do under Section 47 of CPC.

12. The application is disposed of.

JASMEET SINGH, J APRIL 30, 2024 / (MS) Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.