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High Court of DelhiCM(M)/2188/2025

Veermati & ANR. v. Anup Kumar Jha & ORS.

2025-11-17Hon'Ble Mr. Justice Girish Kathpalia2 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 2188/2025, CM APPL. 71690/2025 & 71691/2025 VEERMATI & ANR.

.....Petitioners Through:

Ms. Vishwa Bharti, Advocate with petitioner no. 2 in person versus ANUP KUMAR JHA & ORS.

.....Respondents Through:

None

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 17.11.2025 1.

Petitioners/Judgment Debtors have assailed orders dated 02.05.2025 and 16.10.2025 of the learned execution court. In addition, the petitioners/Judgment Debtors also seek appointment of Local Commissioner.

2.

Order dated 16.10.2025 is only a procedural order, which cannot be challenged in these proceedings.

3.

There is no scope of law for appointment of Local Commissioner in the proceedings of the present nature.

4.

In order dated 02.05.2025, the learned execution court by detailed discussion dismissed each of the objections explaining that the same pertain to the issues that were already dealt with during trial and the execution court cannot go behind decree.

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 19/11/2025 at 12:25:02

5.

Further, it appears that initially the petitioners/Judgment Debtors challenged the judgment and decree by way of CM(M) 1969/2025, which petition was withdrawn with liberty to file appropriate proceedings. The petitioners filed an appeal, which is yet to be listed. The petitioners/Judgment Debtors also seem to have filed a review application before the execution court.

6.

It appears to be a clear case of forum hunting. 7.

However, after addressing partly, learned counsel for petitioners/ Judgment Debtors on instructions of his client, present in the courtroom, seeks permission to withdraw this petition.

8.

Accordingly, the petition and the accompanying applications are dismissed as withdrawn.

GIRISH KATHPALIA, J NOVEMBER 17, 2025/as 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 19/11/2025 at 12:25:02