Sharad Aggarwala v. Sharda Bubna & ANR.

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 3401/2024 SHARAD AGGARWALA .....Petitioner Through:

Mr. Kunal Madan and Ms. Prachi Babra, Advocates.

versus SHARDA BUBNA & ANR.

.....Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 17.09.2024 CM APPL. 54080/2024 & CM APPL. 54079/2024 (Exemption) Exemption allowed, subject to all just exceptions. CM(M) 3401/2024 1.

Petitioner herein is one of the decree-holder. 2.

The decree was passed on 3rd May, 2016 in a suit for partition. 3.

In terms of the aforesaid decree, an execution petition i.e. Ex. No.6022/2018 was filed.

4.

However, on 12th March, 2021, it was submitted on behalf of the counsel for the decree-holder that decree-holder was ready to take "symbolic possession" and would take his legal remedy for recovery of "actual physical possession" of the suit property from the occupants. The execution petition was accordingly disposed of.

5.

However, thereafter the decree-holder moved an application seeking restoration of the execution petition on the ground that the abovesaid statement had been made under some mistaken advice as there is no other CM(M) 3401/2024 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:22:33

legal remedy for getting the physical possession except by pursuing the execution petition.

6.

The prayer in the preset petition is limited to the effect that the learned Executing Court may be requested to expeditiously dispose of such restoration application.

7.

It is informed that notice has already been issued and the next date before the learned Executing Court is 13th November, 2024. It is also informed that the petitioner is one of the legal representative and is a blind person suffering from acute aliments.

8.

There is no appearance from the side of the respondents despite advance notice.

9.

Keeping in mind the overall facts and circumstances of the case, the present petition is disposed of with request to the learned Trial Court to consider the abovesaid "application seeking restoration" as expeditiously as possible, preferably within three months from the next date fixed before the learned Trial Court.

10.

Learned Trial Court would, however, also ensure that the other side is also duly served and heard before disposal of such application. MANOJ JAIN, J SEPTEMBER 17, 2024/ss CM(M) 3401/2024 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:22:33