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DELHI HIGH COURT
C.HARI SHANKAR
Feroze Ahmad – Appellant
Versus
Mukesh Marwah – Respondent


JUDGMENT (Oral)

1. This petition, under Article 227 of the Constitution of India, assails orders dated 11th March, 2022 and 7th May, 2022, passed by the learned Additional Senior Civil Judge ("the learned ASCJ") in Ex. 1203/19 (Mukesh Marwah v. Pratap Ranjan Sahni). In the said proceedings, Mukesh Marwah, Respondent 1 herein was the Decree Holder (DH) and Pratap Ranjan Sahni, Respondent 2 herein was Judgment Debtor 1 (JD-1). The petitioner was Judgment Debtor 2 (JD-2).

2. Ex. 1203/19 sought execution of judgment and decree dated 8th April, 2019 in Suit No. 1583/2016 (Mukesh Marwah v. Pratap Ranjan Sahni & Anr.) in which Respondent 1 was the petitioner, Pratap Ranjan Sahni was Defendant 1 and the petitioner Feroze Ahmed was Defendant 2. Respondent 1 had, in the said suit, sought declaration, a decree of possession in respect of the suit property in his favour and against the defendants (i.e. the petitioner and Respondent 2) and damages. The learned ASCJ decreed the suit in the following terms:

    "33. In view of my aforesaid findings, the suit of the plaintiff is decreed with the following reliefs :

    A. A decree of possession is passed in favour of the plaintiff and against the defe

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