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2022 Supreme(Del) 526

YASHWANT VARMA
Preeti Chawla – Appellant
Versus
Akshay Mehra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Manish Vashisht, Sr. Adv. with Mr.Akshay Bhatia, Mr.Sudeep Singh and Ms.Shreya Gupta, Advs.
For the Respondent: Mr. T. K. Ganju and Mr.Vikas Dhawan, Sr. Advs. with Mr.Aquib Ali, Ms.Anupriya Nigam, Ms.Rajeshwari, Mr.Kaushal Dogra and Mr.Anish Lakhanpal, Advs.

ORDER :

1. This Execution First Appeal assails an order of 06 July 2022 passed by the Executing Court rejecting the objections preferred by the appellant under Order XXI Rule 97 of the Code of Civil Procedure, 1908 [“the Code”]. The dispute emanates from a decree passed by the competent court on 10 February 2021 in C.S. No.811/2019 for recovery of possession of a farmhouse bearing No.22, Road No.1, Silver Oak Farm Houses, Ghitroni, New Delhi, forming part of Khasra No.466,493,506/2,533/1 and 533/2.

2. The appeal filed by the judgment debtor against the aforesaid decree came to be dismissed by this Court on 07 October 2021. Warrants of possession are stated to have been issued in the interregnum on 24 September 2021. Pursuant to the said warrants coming to be issued, the bailiff appointed by the Court is stated to have visited the suit property on 08 October 2021. The handing over of possession was resisted by the appellant and others who were present on the suit property. The evidence to that effect was also placed before the Executing Court. In the execution proceedings which were initiated and were numbered as Ex. No.131/2021, the appellant filed her objections on 26 October 2021.

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