$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 92/2014 & CCP(O) 46/2024, EX.APPL.(OS) 333/2017, EX.APPL.(OS) 443/2017, EX.APPL.(OS) 966/2019, EX.APPL.(OS)

30/2020, EX.APPL.(OS) 35/2024 MOHD IDREES THR LRS .....Decree Holder Through: Mr. Rajeev Partap Singh, Mr. Jagjeet Singh, Mr. Jai Bhagwan, Advs.

Ms. Shalini Kapoor, Ms. Divyanshi Saxena and Mr. Udit Bhatiani, Advs.

versus MOHD ARIFEEN THR LRS .....Judgement Debtor Through: Mr. Amit Gupta, Mr. A. C. Bhasin, Adv.

Mr. Tanvir Nayar, Adv for JD No.3-5 CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 09.12.2025 EX.APPL.(OS) 560/2019

1. This is an application filed under Order I Rule 10 read with Section 151 of CPC, 1908 seeking impleadment of the applicants as necessary and proper parties, who have purchased the property in question i.e., 26/1, Block-B, situated at Wazirpur industrial area, Delhi-110052.

2. At the outset, Mr. Gupta, learned counsel for the applicants, states that Mr. S.C. Goyal, one of the applicant has since expired and the application of the Legal Representatives for bringing them on record has been filed. He represents all the Legal Representatives.

3. Without observing that the documents are valid, binding or enforceable, I am of the view that since the applicants seek to claim an entitlement in the subject matter of the execution petition based on registered documents, they are a proper and necessary party for the effective adjudication of the execution petition.

4. Even though Sh. Vijay Kumar Gupta was impleaded as decree-holder vide Order dated 12.02.2015, the title of Sh. Vijay Kumar Gupta is yet to be perfected and is pending adjudication in a separate suit. Hence, the applicants cannot be impleaded as decree-holders as of now.

5. For the said reasons, Ms. Preeti Goyal, Ms. Sarla Goyal, Ms. Jyoti Goyal, Mr. Sanjay Goyal and Mr. Neeraj Goyal for the time being are impleaded as judgment-debtors, as the rights of Sh. Vijay Kumar Gupta are yet to be adjudicated.

6. This Order has not commented on the rights of the applicants.

7. The present application is disposed of in aforesaid terms.

EX.APPL.(OS) 581/2019

8. This is an application filed under Order XXXIX Rule 4 and Section

151 of CPC, 1908 seeking recall/ vacation of the Order dated 28.03.2017.

9. The present application has been filed on behalf of Sh. S.C. Goyal who has stated to have purchased the property bearing No. B-26/1, Block-B, Wazirpur, Industrial Area, New Delhi (“said property”) from Sh. Vijay Kumar Gupta.

10. In the present case, serious challenge has been raised by the decree-

holder regarding the title of Sh. Vijay Kumar Gupta.

11. In the Order of 02.11.2018, this Court recorded that even though the bailiff has given the possession of the property to Sh. Vijay Kumar Gupta, the judgment-debtors are in possession of the said property.

12. The execution petition also seeks warrants of possession in respect of the said property.

13. Since the Court is seized of the dispute with regard to the possession and title of the said property, disturbing the status quo at this moment would not be appropriate.

14. For the said reasons, the application is dismissed.

EX.APPL.(OS) 184/2017

15. This is an application filed on behalf of Sh. Vijay Kumar Gupta under Order XXI Rule 11A read with Rule 35 and Section 151 CPC, 1908 seeking removal of obstructions created by the judgment-debtors and their representatives in the peaceful possession of the property bearing No. B-

26/1, Block-B, Wazirpur, Industrial Area, New Delhi.

16. In the present case, this Court is to adjudicate the rights of the judgment-debtor and the decree-holder pursuant to an Award dated

28.12.2011, modified on 01.10.2012.

17. The case of the decree-holder is that entire set of documents propounded by Sh. Vijay Kumar Gupta are sham, fabricated and executed by exercise of undue influence, since Sh. Vijay Kumar Gupta was in a fiduciary capacity vis-a-vis the decree-holder, and need to be looked into and adjudicated by this Court.

18. The civil suit challenging th