The Review Court lacks jurisdiction to stay execution proceedings initiated in another court, and attempts to delay possession proceedings through misleading filings may result in dismissal with costs.

JUDGMENT

Amit Bansal, J. (Oral)

CM No.47667/2021(for exemption)

1. Allowed, subject to all just exceptions.

2. The application is disposed of.

CM(M) 1218/2021 & CM No.47668/2021(for stay)

3. The present petition under Article 227 of the Constitution of India impugns the order dated 21st December, 2021 passed by the Additional Senior Civil Judge, East, Karkardooma Courts, Delhi (Review Court) in Misc. No.21/2021, whereby the Miscellaneous application filed on behalf of the petitioner in the Review Petition filed by the petitioner, for stay of the execution proceedings filed on behalf of the respondent, has been dismissed.

4. The brief facts necessary for deciding the present petition are set out below:

4.1. On 22nd January, 2016, a Civil Suit was filed by the respondent before the Additional Senior Civil Judge, East District, Karkardooma Courts, New Delhi (Trial Court) seeking inter alia possession of the second floor of the suit property.

4.2. The Civil Suit was decreed in favour of the respondent vide judgment dated 21st January, 2019.

4.3. Appeal against the said judgment was dismissed by the Appellate Court vide judgment dated 5th November, 2019.

4.4. Thereupon, execution proceedings were filed on behalf of the respondent on 15th January, 2020 before the Civil Judge, Shahdara, Karkardooma Courts, Delhi (Executing Court).

4.5. Regular Second Appeal filed on behalf of the petitioner against the judgment dated 5th November, 2019 was also dismissed as withdrawn on 28th February, 2020.

4.6. A petition being CM(M) 293/2021 was filed by the petitioner under Article 227 of the Constitution of India against one of the orders passed in the Execution Petition which was dismissed by this Court vide order dated 6th April, 2021 with costs.

4.7. On 3rd September, 2021, a Review Petition was filed by the petitioner against the judgment of the Trial Court dated 21st January, 2019.

4.8. An application was also filed on behalf of the petitioner before the Executing Court seeking stay of the execution proceedings in view of the Review Petition having been filed by the petitioner. The said application filed on behalf of the petitioner was dismissed by the Executing Court vide order dated 25th October, 2021.

4.9. The petitioner preferred an appeal against the said dismissal of the stay application by the Executing Court, and the appeal filed by the petitioner was dismissed as withdrawn vide order dated 1st November, 2021.

4.10. Against the said dismissal, a petition under Article 227 was filed before this Court being CM(M) 996/2021.

4.11. This Bench, vide order dated 11th November, 2021 disposed of the said petition, while granting the petitioner opportunity to file a stay application in the pending Review Petition filed by him, and directed that warrants of possession shall not be executed against the petitioner till 18th November, 2021. This order was passed on the first date when the petition was listed in the absence of the respondent.

4.12. Thereafter, an application for stay was filed on behalf of the petitioner on 17th November, 2021 before the Review Court, seeking stay of the execution proceedings.

4.13. The said stay application was listed before the Review Court on 20th November, 2021. While adjourning the matter to 6th January, 2022, an issue of jurisdiction of the Review Court to grant a stay of the execution proceedings initiated before a different jurisdiction was raised.

4.14. On 24th November, 2021, fresh warrants of possession were issued by the Executing Court.

4.15. Thereupon, another application was filed on behalf of the petitioner on 13th December, 2021 seeking postponement of execution proceedings, which was dismissed by the Review Court on account of lack of jurisd