JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral) - This Petition filed under Article 227 of the Constitution of India impugns the order dated 30.11.2023 passed by the Additional District Judge-03, Rohini Courts, North District, Delhi in Execution No.529/2023, titled as Ved Prakash vs. Shalhuddin & Ors. (`Executing Court') whereby the Executing Court dismissed the application of the Petitioner filed under Order 21 Rule 26 of Code of Civil Procedure, 1908 (`CPC') for stay of the execution of the ex-parte decree dated 06.03.2023.

1.1. The Petitioner are the original Judgment Debtors and Respondent is the original Decree Holder before the Executing Court.

1.2. The Execution petition arises out in pursuance of the exparte judgment and decree dated 06.03.2023 passed in the civil suit bearing no. 532/21 (`Trial Court'). The civil suit before the Trial Court was filed by the Respondent seeking a recovery of possession of the property admeasuring 1000 sq. yards under the occupation and possession of the Petitioner i.e. an area of 450 sq. yards, out of lands falling in Khasra No. 46//22 (0-09) and remaining area of 550 sq. yards, out of lands falling in Khasra No. 46//23 min (1-05) of the erstwhi