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2023 Supreme(Del) 3564

MANMEET PRITAM SINGH ARORA
Sh. Harnam Singh Tyagi (since Deceased Through Legal Heirs) – Appellant
Versus
Madan Lal (Since Deceased) Through Legal Heirs – Respondent


Advocates appeared:
Mr. Varun Tyagi, Advocate, for the Petitioner.
None, for the Respondent.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

1. This petition filed under Article 227 of the Constitution seeks a direction to the Commercial Civil Judge (West), Tis Hazari Courts, Delhi (`Executing Court') in execution petition No. 107/2023 to proceed with issuance of warrants of possession with respect to Shop No. WZ-524G together with side room/godown situated at Basai Darapur, New Delhi (`subject property').

2. The learned counsel for the Petitioner states that the suit for possession filed by the Petitioner was decreed by the Civil Judge, Central District, Tis Hazari Court, Delhi (`Trial Court') on 14.07.2022 after 30 years of trial. He states that the said decree has become final as no appeal has been filed against the said decree.

2.1. He states, however, the wife of the Judgment Debtor to deny the Petitioner the fruits of the decree has filed objections on 28.04.2023, which are not maintainable in law.

2.2. He states that though the reply has been filed to the said objections by the decree holder, on 26.05.2023, however, the said Objector's counsel has not appeared before the Executing Court for addressing arguments.

2.3. He states that the Executing Court has adjourned

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