Point of Law: In no uncertain terms, efforts made to stultify execution proceedings and ensure that the proceedings do not continue.

JUDGMENT :

C. HARI SHANKAR, J.

1. This petition, under Article 227 of the Constitution of India, challenges an order dated 1st April, 2022, passed by the learned Additional District and Judge (“the learned ADJ”) in Execution Petition 245/2021.

2. Execution Petition 245/2021, preferred by the respondent against the petitioner, sought execution of a judgment and decree dated 19th February, 2020, passed by the learned ADJ in C.S. No. 9831/2016 (Ishwar Industries Ltd. vs. M/s Gallus Chattels Pvt. Ltd.).

3. The operative portion of the said judgment reads thus:

“(i) A decree is passed thereby the defendants are directed to handover the physical vacant possession of the suit property i.e. Block No. 4 as shown in site plan (Ex.PW1/4) within 30 days to the plaintiff after removing their additions, alternations, stocks, furniture, fixtures, fittings, constructions and installations. If the defendants do not remove the same, the possession will be delivered in the same position to the plaintiff and the plaintiff will not be liable to pay any damages/ amount of said constructions/installations.

(ii) A decree of permanent injunction is also passed in favour of the plaintiff and against the defendants and the defendants are restrained to alienate, transfer, charges or parting with possession of the said suit property and to carry out any further alterations or additions, or to carry out any business from there except for prayer (i).

(iii) A decree of damages 1 mesne profit is also passed in favour of the plaintiff and against the defendant @ Rs. 75/- per sq. feet w.e.f. 23.11.1996 for the area of 2500 sq. feet (which comes out to be Rs. 1,87,500/- per month) till the date of delivery of possession.

(iv) A decree is also passed in favour of the plaintiff and against the defendants by granting a reasonable interest @ 12% p.a. on the aforesaid amount for the period prior to filing of the suit till the date of decree i.e. w.e.f. 23.11.1996 till date. If the defendants do not hand over the vacant physical possession of the suit property within 30 days to the plaintiff, the interest will be applicable @ 15% per annum for the future period after said 30 days at the same rate of mesne profit till delivery of possession.

(v) In the case of Salem Advocates Bar Association vs. Union of India, 2005 (6) SCC 344 the Hon'ble Supreme Court of India has dealt with the relevant provisions under the CPC 1908 for award of compensatory and punitive cost in favour of successful party. The Hon'ble Supreme Court of India in this landmark judgment has suggested a hike in the quantum of cost on persons including in frivolous and vexatious litigations which are clogging up the justice delivery system in the country, in view of the said judgment and the conduct of the defendants this court award an explanatory punitive cost of Rs. 3,00,000/- out of which Rs. 2,00,000/- shall be paid to the plaintiff and Rs. 1,00,000/- to be deposited either with the Prime Minister's Relief Funds or the Chief Minister Relief fund, Govt. of NCT of Delhi within 30 days and receipt therefore be placed on record.

(vi) All the defendants are jointly and severally liable in respect of aforesaid reliefs/directions.

Ordinary cost of suit is also awarded in favour of the plaintiff and against the defendants as per rule as under: