$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 53/2025, CM APPL. 70302/2025 M/S SAMPOORAN BUILDWELL PVT. LTD.

(through its Authorized Representative) .....Appellant Through: Mr. Pavan Narang, Sr. Adv. with Mr.

Sanket Gupta, Mr. Anand Awasthi, Mr. Dhiranjan Ojha, Mr. Rishabh Jain, Mr. Pritish Sabharwal, Advs.

versus SMT. PREM LATA AGGARWAL .....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 10.02.2026

1. This hearing has been done through hybrid mode.

2. The present matter was listed today on urgent mentioning.

CM APPL. 9309/2026 (early hearing)

3. The present application under Section 151 of the CPC seeks the following prayers: -

“a) Direct early hearing of Ex. F. A. No. 53 of 2025; or b) Pass any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.”

4. In view of the averments made in the present application and in the interest of justice, the same is allowed and disposed of.

CM APPL. 9310/2026 (stay)

5. The present application under Order XLI Rule 5 read with Section 151 of the CPC, filed on behalf of the appellant seeks the following prayers: -

“(a) Stay the operation and effect of the impugned order dated 09.07.2025 passed by the Learned Executing Court in Execution Petition No. 23812/2016, during the pendency of the present appeal;

(b) Restrain the Respondent, her agents, servants, representatives, or any person acting on her behalf from raising any new construction, erecting any boundary wall, or encroaching upon the Applicant’s property admeasuring 1 Bigha 1 Biswa, comprised in Khasra No. 497, situated in the extended abadi (Lal Dora) of Village Burari, Delhi;

(c) Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.”

6. The present appeal assails the order dated 09.07.2025 passed by learned District Judge-05, Central District, Tis Hazari Courts, in Execution Petition No. 23812/2016, whereby the objections filed on behalf of the appellant/judgment debtor under Section 47 read with Section 151 of the CPC, were dismissed.

7. The execution petition, on behalf of the respondent/decree holder, was filed with respect to the judgment and decree dated 27.02.2013 passed by learned ADJ-02, North District, in Civil Suit being, CS No. 159/09. The said suit was filed by the respondent for declaration and permanent injunction against the appellant and two other defendants, seeking the following prayers:

-

“Therefore, the Hon’ble Court may graciously be pleased to:-

(i) Permanent injunction by restraining the defendants from interfering with the plaintiff peaceful possession of the property No. 497 area ad-measuring 1 Bigha 3 Biwas and not to dispossess her from the said property.

(ii) Declare the plaintiff bonafide owner of property No. 497 ad- measuring 1 Bigha 3 Biwas (as per the site plan annexed with the suit)”

8. Vide the aforesaid judgment dated 27.02.2013, the following relief was granted to the respondent: -

“12. Relief:- In view of the above finding, the suit of the plaintiff stands decreed. It is held that plaintiff is not seeking declaration of ownership upon Govt. land/road and there is no encroachment of plaintiff over any passage and suit is not contrary to the revenue record and plaintiff is also entitled to the declaration as prayed for. Defendant No. 1 has no right to interfere in the repair of the wall. Permanent injunction as per site plan is allowed and defendants are restrained from interfering with the plaintiff's peaceful possession of the property No. 497 area ad-measuring 1 bigha 3 biswas and not to dispossess the plaintiff from the said property.

Decree sheet be prepared. File be consigned to record room.”

9. Learned Senior Counsel appearing on behalf of the appellant submits that under the garb of repair work of the wall, the respondent have entered into the portion occupied by the appellant and have started fresh construction by erecting a wall. It is further s