Disposed

Sharad Aggarwala v. Sharda Bubna & Anr.

Delhi HC17 Sept 2024CM(M)/3401/2024

Case brief

AI extract

What is this about?

Decree-holder sought a direction to the Executing Court to expeditiously decide his application for restoration of an execution petition earlier disposed of on his statement about taking symbolic possession. The High Court disposed of the petition requesting early disposal, preferably within three months, with due service and hearing of the other side.

What the court decided

AI extract

Sharad Aggarwala Vs Sharda Bubna & Anr. — Partition | Delhi HC (2024)

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$~84

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 3401/2024

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SHARAD AGGARWALA .....Petitioner Through: Mr. Kunal Madan and Ms. Prachi Babra, Advocates.

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versus

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SHARDA BUBNA & ANR. .....Respondents Through: None.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN

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O R D E R

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% 17.09.2024

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CM APPL. 54080/2024 & CM APPL. 54079/2024 (Exemption)

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Exemption allowed, subject to all just exceptions.

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CM(M) 3401/2024

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Petitioner herein is one of the decree-holder.

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The decree was passed on 3^rd May, 2016 in a suit for partition.

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In terms of the aforesaid decree, an execution petition i.e. Ex. No.6022/2018 was filed.

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However, on 12^th March, 2021, it was submitted on behalf of the counsel for the decree-holder that decree-holder was ready to take “symbolic possession” and would take his legal remedy for recovery of “actual physical possession” of the suit property from the occupants. The execution petition was accordingly disposed of.

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However, thereafter the decree-holder moved an application seeking restoration of the execution petition on the ground that the abovesaid statement had been made under some mistaken advice as there is no other

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CM(M) 3401/2024 1

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This is a digitally signed order.

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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 02/07/2025 at 03:22:33

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legal remedy for getting the physical possession except by pursuing the execution petition.

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The prayer in the preset petition is limited to the effect that the learned Executing Court may be requested to expeditiously dispose of such restoration application.

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It is informed that notice has already been issued and the next date before the learned Executing Court is 13^th November, 2024. It is also informed that the petitioner is one of the legal representative and is a blind person suffering from acute aliments.

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There is no appearance from the side of the respondents despite advance notice.

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Keeping in mind the overall facts and circumstances of the case, the present petition is disposed of with request to the learned Trial Court to consider the abovesaid “application seeking restoration” as expeditiously as possible, preferably within three months from the next date fixed before the learned Trial Court.

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Learned Trial Court would, however, also ensure that the other side is also duly served and heard before disposal of such application.

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MANOJ JAIN, J

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SEPTEMBER 17, 2024/ss

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CM(M) 3401/2024 2

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This is a digitally signed order.

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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 02/07/2025 at 03:22:33

Sharad Aggarwala v. Sharda Bubna & Anr.

Case brief

What is this about?

What the court decided

Sharad Aggarwala v. Sharda Bubna & Anr.

Case brief

What is this about?

What the court decided

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