Partly allowed

M/S Manoj Gupta and Sons (Huf) v. Puneet Khurana

Delhi HC16 Dec 2024CM(M)/4095/2024

Case brief

AI extract

What is this about?

The Single Judge set aside an order of the executing court dated 26.11.2024. The order was deemed bereft of reasons and failed to note Order XXI Rule 22 CPC regarding the issuance of notices to the Junior Division Judge.

What did the court decide?

The impugned order dated 26.11.2024 dated by the executing court is set aside. Liberty is granted to the decree holder to file a specific application under Order XXI Rule 22 CPC before the executing c

M/S Manoj Gupta and Sons (Huf) Vs Puneet Khurana — Execution and Attachment | Delhi HC (2024)

¶1

$~88

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CM(M) 4095/2024 & CM APPL. 73730/2024

¶4

M/S MANOJ GUPTA AND SONS (HUF) .....Petitioner

¶5

Through: Mr. C.M.Grover, Adv.

¶6

versus

¶7

PUNEET KHURANA .....Respondent Through:

¶8

CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

¶9

O R D E R

¶10

% 16.12.2024

¶11

The petitioner filed a suit for possession, recovery, rent and permanent injunction before the Court of learned District Judge, Shahdara, Karkardooma Court, Delhi. The decree of possession was passed by the learned Trial Court vide order dated 15.07.2024 thereby granting the respondent one month’s time to vacate.

¶12

Learned counsel submits that respondent has preferred an appeal before this Court but no stay order has been passed. It is further submitted that petitioner thereafter filed an execution application and in which instead of granting the warrants of possession, breaking of lock and police aid, the executing court issued notice to the JD, totally disregarding Order XXI Rule 22 CPC.

¶13

The impugned order dated 26.11.2024 passed by the executing court is bereft of any reason. The executing court simply issued notice of the

¶14

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 18/12/2024 at 11:35:14

¶15

execution petition to the JD without taking note of Order XXI Rule 22 CPC.

¶16

Since the order of the executing court is bereft of any reason, the order dated 26.11.2024 is set aside with liberty to the decree holder to file specific application under Order XXI Rule 22 CPC before the executing court. Once such an application is filed, it is expected that executing court will dispose the application expeditiously by passing a speaking order.

¶17

The petition is accordingly disposed of in terms of the aforesaid order.

¶18

RAVINDER DUDEJA, J

¶19

DECEMBER 16, 2024/ib

¶20

This is a digitally signed order.

¶21

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 18/12/2024 at 11:35:14

M/S Manoj Gupta and Sons (Huf) v. Puneet Khurana

Case brief

What is this about?

What did the court decide?

M/S Manoj Gupta and Sons (Huf) v. Puneet Khurana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sangita Arora and Anr. & Anr. Vs Sanjiv Trikha

Anil Kumar Sharma & Anr. Vs Sanjiv Trikha

M/S Tdi Infrastructure Limited Vs Amitabh Nangia

Dream Treaders Films (India) Private Limited Vs Ramanand Mittal

Yogita and Ors. Vs United India Insurance Co. Ltd. and Ors.

Dr Sunil Kumar Vs Dr Archana

Preeti Jain Vs Shiv Raj Singh & Anr.

Mohd Yusuf Vs Kanwar Singh Saini (Since Deceased) through Lrs

Sangita Arora and Anr. & Anr. Vs Sanjiv Trikha

Anil Kumar Sharma & Anr. Vs Sanjiv Trikha

M/S Tdi Infrastructure Limited Vs Amitabh Nangia

Amit Kumar Vs T.R. Sawhney Pvt. Ltd. & Anr.

Manmohan Vs Dharmender Gupta

Monika @ Sonia Vs Harinder Singh