JUDGMENT :

CM (M) 8/2021, CM APPLN. 278/2021 (by the petitioner u/S 151 CPC for stay)

1. This petition has been filed by the petitioner under Article 227 of the Constitution of India with the following prayers:

“a) Allow the present Petition and set aside the order dated 05.09.2020 passed by the Court of Shri Sanjay Sharma-II, Additional District Judge-05 (South East), Saket Courts, New Delhi in Execution Petition No.1352 of 2018 titled as Shrichand Bijlani versus BDR Builders and Developers Private Limited;

b) Pass any other such order as this Hon'ble Court may deem fit in the facts and circumstances of the present case.”

2. The brief facts as are relevant for the disposal of this petition are as follows. The petitioner had filed a suit for possession, recovery of mesne profit and damages against the respondent by claiming to be the sole and absolute owner of the built-up property No.C-11 Nizamuddin East, New Delhi, admeasuring 200 square yards. The respondent had opposed the suit on the ground that he in his own right was the owner of the suit property. At the stage of final arguments, the suit, which was filed in 2016, was settled and the parties entered into a compromise, the broad