Ramesh Chand Gupta & ANR v. Manish Joshi & ORS

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 806/2017 and CM APPLs. 43955/2017 & 43956/2017 RAMESH CHAND GUPTA & ANR.

..... Petitioner Through Mr.Pankaj Gupta and Ms. RimpyGupta, Advs.

versus MANISH JOSHI & ORS.

..... Respondents Through Mr. Anuj Aggarwal, ASC with Ms.

Deboshree Mukherjee, Advs. for R-1 & R-2.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 01.12.2017 Instant petition has come to be filed alleging violation of judgment/decree dated 29.11.2017. Interestingly, the petition appears to be directed more against the police in giving effect to the decree that came to be passed. Copy of the decree is not filed, but, for the copy of the statements recorded and annexed to the petition as Annexure-P1, which are, as under :

"Statement of Sh. Ambuj Gupta, Son of the plaintiff, aged 32 years.

on SA I am the son of the plaintiff and duly authorized to take delivery of the possession of the suit premises. Now, I have received the key of the suit premises today without prejudice to my right about the state of said premises. Sd/-

Statement of Sh. Jagmohan, Partner of the defendant. On SA I have handed over the peaceful vacant possession of the suit premises through the key handed over to the son of the plaintiff before this Court today. I have already removed all my belongings from said suit premises.

RO&C Sd/"

Adverting to the above-said statements, Mr. Gupta, ld. Counsel for the petitioner submits that the keys of the property had come to be given of a property other than the subject matter of the suit and that, the police is not assisting the petitioner. These aspects cannot be gone into in the instant proceedings.

It would suffice to say that, if, a decree has come to be passed, it can be executed by way of filing a petition for execution.

Rejected.

Pending applications are also disposed off accordingly.

A. K. CHAWLA, J DECEMBER 01, 2017 rc