Purchaser of two properties in a bank sale sought mandamus for vacant possession under Articles 226/227. Possession having since been handed over by the Bank, damages claim held not maintainable in writ and left open.
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Through: Mr. Harsh Sinha, Advocate for R-1. Mr. Brijesh Yadav, SPC along with Ms. Nikita, Mr. Sandeep Yadav, Mr. Anirudh Nagar, Mr. Rahul Jaitly, Mr. Kunal Chaudhary, Mr. Mukesh Ambawta and Mr. Amarjeet Singh, Advocates for R-2/SHO: Kotla Mubarakpur.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
“a) Issue a Writ of Mandamus directing the Respondent No. 1 to hand over the vacant and peaceful possession of the Entire Second Floor of Residential Property No. 58, forming part of Khasra No. 121 situated at Village Kotla Mubarakpur, Amrit Nagar, New Delhi- 110008 admeasuring 900 sq. ft. & Residential Property bearing MCD No. 58 (now known as 58A) consisting of 4 Storey Building with Basement with total built up area of 4500 sq. ft. comprised in Land Admeasuring I 00 sq. Y ds. (out of total area of 200 sq. yds.) forming part of Khasra No. 121, situated at South Extension Part-1, Village Kotla Mubarakpur, Amrit Nagar, New Delhi-11 0003 in terms of the Sale Certificate dated 30.12.2024 and 04.01.2025 issued in favour of the Petitioner; and/or
b) such other appropriate writ, order or direction as this Hon'ble Court may deem fit may also be issued.”
i) Property no. 58, forming part of Khasra No. 121 situated at Village Kotla Mubarakpur, Arnrit Nagar, New Delhi-110008.
W.P.(C) 4369/2025
Page 1 of 2
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 12/11/2025 at 12:49:45
ii) Property no. 58A, consisting of 4 Storey Building with Basement with total built up area of 4500 sq. ft. comprised in Land Admeasuring 100 sq. Yds. (out of total area of 200 sq. yds.) forming part of Khasra No. 121, situated at South Extension Part-1, Village Kotla Mubarakpur, Amrit Nagar, New Delhi-110003.
JYOTI SINGH, J
NOVEMBER 10, 2025/ RW
W.P.(C) 4369/2025
Page 2 of 2
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 12/11/2025 at 12:49:45
1 issue framed by the court
Whether the Bank was obliged to hand over vacant possession of auction-purchased properties per Sale Certificates.
2 provisions across 1 enactments
Himanshita Designer Floors Pvt Ltd
Catholic Syrian Bank Ltd
SHO, Kotla Mubarakpur
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
