Petitioner sought preponement of eviction hearing date under Article 227. Court directed petitioner to file a specific application before the executing court for the same instead of granting immediate relief.
Petitioner allowed liberty to file application before executing court for preponement of date.
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Through: Mr. Jai Sahai Endlaw and Mr. Zubin M. John, Advs.
ANIL WADHWA AND ANR ..... Respondent
Through: None.
CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR
CM APPL. 4901/2024 & CM APPL. 4902/2024 (exemption)
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 13:55:56
herein had filed an execution petition bearing Ex.NO. 576/2023 titled as „M.M.L. Kapur v. Anil Wadhwa and Anr.‟, wherein vide order dated 14.09.2023, the warrants of possession were directed to be issued, however, a bailiff had to be appointed. In the meanwhile, the respondent herein had preferred a Revision Petition, therefore, the bailiff could not be appointed. Now, the Revision Petition stands disposed of vide order dated 03.01.2024, and the learned Executing Court on 16.01.2024 has ordered for appointment of the bailiff on 15.02.2024 as the petitioner herein is a senior citizen aged about 86 years, and is presently residing in the U.S.A. The eviction decree has been passed on bonafide requirement of the petitioner, thus, the learned Executing Court be directed to prepone the date of hearing fixed as 15.02.2024.
SHALINDER KAUR, J.
JANUARY 25, 2024/ aks
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 13:55:56
1 issue framed by the court
Should the eviction hearing date be preponed due to the petitioner's age and residence abroad?
1 provisions across 1 enactments
M M L Kapur
Anil Wadhwa
Anr
Shalinder Kaur
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
