The issuance of a warrant of possession follows the dismissal of objections and is subject to pending appeals concerning the same premises.

ORDER :

1. Present petition challenges order dated 27.02.2025 whereby the learned Executing Court has directed issuance of warrant of possession while also granting permission to break upon the locks and doors.

2. Petitioner is objector before the learned Executing Court and, admittedly, her objections were decided on 09.03.2018 by the learned Executing Court whereby objections filed by her as well as Mrs. Mithlesh Sharma and Mrs. Renu were dismissed and simultaneously, there was a direction for issuance of warrant of possession with respect to the suit property.

3. Ms. Nirmala Devi, challenged the above said order by filing an appeal and her such appeal i.e. RCA DJ 50/18 was dismissed by the learned First Appellate Court, holding that such appeal was not maintainable.

4. Mrs. Nirmala Devi, accordingly, filed a second appeal which was registered as EX.S.A. 3/2024 and such appeal is pending consideration before the learned Coordinate Bench of this Court presided over by HMJ Dinesh Kumar Sharma and the next date in such second appeal is stated to be 29.04.2025.

5. Learned counsel for petitioner, in all fairness, submits that since there was delay in lodging the above said appeal and since the question of law has yet not been framed, he was in no position to move any application seeking stay with respect to the further proceedings in the above said Execution Petition.

6. It seems quite obvious that the issues raised before this petition and in the above said appeal are, virtually, the same and similar and, according to objector, the decree is with respect to one premise and the execution being sought is with respect to other and, therefore, warrant of possession cannot be issued. The issuance of warrant of possession is direct fall out of dismissal of her objection. In order to avoid any conflicting observations, subject to orders of Hon’ble the Chief Justice, list the present petition before the same Bench on 20.03.2025.