J U D G M E N T

04.07.2023 MINI PUSHKARNA, J.

Genesis of the dispute

1. By way of the present execution-petition Ex.P.107/2019, the decree holder (DH) is seeking execution of the decree dated 07.05.2019 for specific performance and possession passed by this Court in CS (OS) No.984/2014. The suit property is property bearing No.B-24, Kailash Colony, New Delhi – 110048, measuring approximately 305 Sq. yards. By way of judgment and decree dated 07.05.2019, this Court has decreed the suit of the petitioner herein seeking specific performance of Agreement to Sell dated 23.12.2013 in her favour in the following terms:

“28. Accordingly, a decree of specific performance is passed in favour of the Plaintiff - Smt. Simmi Dhawan against the Defendant - Sh. Naveen Malhotra in respect of property bearing no. No.B-24, land area measuring 305 sq.yds. approx., along with front half portion of Garage, situated in the residential colony known as 'Kailash Colony' at Village Zamrudpur, on Lajpat Nagar and Kalkaji Link road, in Delhi. Further, a decree of possession is also passed in favour of Mrs. Dhawan directing Mr. Malhotra to deliver the vacant and peaceful possession of the suit property. Till the s