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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 23.12.2025

+ CM(M) 961/2022 & CM APPL. 40343/2022

M/S BANWARI LAL CHARITABLE TRUST & ORS.

.....Petitioners

Through: Mr. Satya Prakash Sharan, Advocate.

versus

ATUL JAIN & ORS. .....Respondents

Through: Mr. Sanjeet Singh, Advocate.

CORAM: JUSTICE GIRISH KATHPALIA

O R D E R (ORAL)

1. Petitioners/judgment debtors have assailed order dated 22.04.2022 of

the learned execution court, whereby application under Section 151 CPC

filed on behalf of petitioners/judgment debtors for appointment of Local

Commissioner for the purposes of demarcation of the subject property was

dismissed because there was no need for the exercise, going by the site plan

filed by the petitioners/judgment debtors themselves before the execution

court.

2. I have heard learned counsel for both sides and examined the record.

3. Broadly speaking, it appears that the present petitioners sold property

CM(M) 961/2022 Page 1 of 5 pages

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Signing Date:23.12.2025

18:11:02

bearing no.1/16 and 1/17, Rani Jhansi Road, New Delhi but subsequently

filed a suit for declaration and cancellation of the sale documents pertaining

to premises bearing no.1/17, Rani Jhansi Road, New Delhi, apart from other

reliefs. In the course of that suit, parties arrived at a settlement dated

17.09.2007, on the basis of which a compromise decree was passed. In the

course of execution of that compromise decree, the petitioners/judgment

debtors filed an application seeking appointment of Local Commissioner in

order to carry out demarcation of the subject property, which application

was dismissed by the learned execution court going by the site plan filed by

the petitioners/judgment debtors themselves. Hence, the present petition.

4. Learned counsel for petitioners/judgment debtors contends that the

impugned order is not sustainable in the eyes of law because identity of the

subject property is of crucial issue. Learned counsel for petitioners/judgment

debtors has taken me through paragraph no. 8 of the settlement dated

17.09.2007, submitting that a portion of premises bearing no.1/16, Rani

Jhansi Road, New Delhi is occupied by the tenant who had been inducted in

premises bearing no.1/15 and both premises being adjacent to each other,

there is a need for clear demarcation. It is argued that in case the

respondents/decree holders are given possession of the entire premises

bearing no.1/16, they would get possession of a portion of premises no.1/15

as well and consequently, the premises bearing no.1/15 shall not be

converted into freehold. Learned counsel for petitioners/judgment debtors

also contends that the sale deed in favour of the respondents/decree holders

specifically excludes the portion of premises bearing no.1/15, which was in

CM(M) 961/2022 Page 2 of 5 pages

Signature Not Verified

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Signing Date:23.12.2025

18:11:02

occupation of the tenant.

5. On the other hand, learned counsel for respondents/decree holders

strongly supports the impugned order, taking me