Surender Pal Vs Devender — Delhi HC (2025) — LawSathi Research

Surender Pal Vs Devender — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of upon permitted withdrawal alongwith the pending application; appellant granted liberty to file fresh objections before the learned Executing Court incorporating the aforesaid facts within one week; learned Executing Court directed to dispose of the fresh objections preferably within four weeks without unnecessary adjournments; interim restraint imposed - no precipitated measures pursuant to the order dated 31.10.2025 till the outcome of the fresh objections

Issue for consideration

Whether the appellant's contention that the basement had been filled and converted into a ground floor with the respondent's consent, and that such circumstances were not adverted to by the learned Executing Court in the impugned order, required reconsideration through fresh objections (point not adjudicated here; appeal withdrawn for re-filing) +1 more

Ratio / Principle

The withdrawal of the present appeal, alongwith the pending application, sought by learned counsel for the appellant was allowed

Key takeaways

Liberty stood granted to the appellant to file fresh objections on the aforesaid grounds before the learned Executing Court incorporating the aforesaid facts within a period of one week (the request containing these terms having been allowed)ratio¶9
Accordingly, the present appeal stands disposed ofratio¶10
The learned Executing Court was directed to endeavour to dispose of the appellant's fresh objections after hearing the parties on merits at the earliest, preferably within a period of four weeks, with no unnecessary adjournment to be granted to either party meanwhileratio

Detailed headnote1 paragraphs

EX.F.A. 52/2025 (with CM APPL. 67884/2025-Stay), High Court of Delhi, 04.11.2025 [Saurabh Banerjee, J.]: Judgement debtor-appellant Surender Pal challenged the learned Executing Court's (JSCC/ASCJ/Guardian Judge, North East District, Karkardooma Courts) order dated 18.07.2025 deciding his objection petition in Execution Petition No.202/2023 of decree holder Devender, contending that his assertion that the basement of premises B-2 & B-3, B Block, Gokalpuri had been filled with sand/malba/waste building material in 2019-20 and converted into a ground floor with the respondent's consent was not adverted to by the learned Executing Court. Counsel further relied on the bailiff's report dated 20.09.2025 (per counsel, no basement found subsisting) and handed over the learned Executing Court's subsequent order dated 31.10.2025 recording a fresh order and renewed Bailiff appointment, which this Court took on record. Counsel thereupon sought withdrawal of the appeal alongwith the pending application with liberty to file fresh objections within one week; 'Heard. Allowed.' Accordingly, the appeal was disposed of, with directions that the learned Executing Court dispose of the fresh objections preferably within four weeks without unnecessary adjournments, and that no precipitated measures be taken pursuant to the order dated 31.10.2025 till the outcome of the fresh objections. No statute or precedent citation occurs in the order; the substantive question on the basement/objections was expressly left for the fresh objections and was not adjudicated by this Court.

$~64

IN THE HIGH COURT OF DELHI AT NEW DELHI

- EX.F.A. 52/2025, CM APPL. 67884/2025-Stay

SURENDER PAL .....Appellant Through: Mr. Amit Singh Tanwar, Adv.

versus DEVENDER .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 04.11.2025

By virtue of the present appeal, the appellant/ judgement debtor seeks to challenge the order dated 18.07.2025 ( impugned order ) passed by the learned JSCC/ASCJ/Guardian Judge, North East District, Karkardooma Courts, Delhi ( learned Executing Court ) while deciding the objection petition of the appellant in Execution Petition No.202/2023 filed by the respondent/ decree holder.

Prima facie , it is the case of the appellant that though the appellant had categorically asserted before the learned Executing Court that the basement of the premises bearing no.B-2 & B-3, B Block, Gokalpuri Delhi-110 094 had already been filled with sand/ malba / waste building material way back in the year 2019-20, and the same had been converted into a ground floor with the consent of the respondent, the said circumstances were not adverted to/ considered by the learned Executing Court in the impugned order.

Learned counsel for the appellant further submits that, in fact, a

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 07/11/2025 at 12:03:11

bailiff was subsequently appointed by the learned Executing Court, who visited the aforesaid premises and filed his report dated 20.09.2025. He submits that the aforesaid assertion of the appellant has been confirmed as it is clearly established therefrom that the Bailiff was not able to enter the basement of the aforesaid premises since there was no basement existing. 4. He, lastly, after handing a copy of the order dated 31.10.2025 passed by the learned Executing Court (which is taken on record), submits that as recorded therein a fresh order has been passed and the Bailiff has once again been appointed. 5. As such, he seeks to withdraw the present appeal with liberty to file fresh objections on the aforesaid grounds before the learned Executing Court incorporating the aforesaid facts within a period of one week.

Needless to say, the learned Executing Court shall endeavour to dispose of the said fresh objections of the appellant after hearing the parties on merits at the earliest, preferably within a period of four weeks, during this time, no unnecessary adjournment shall be granted to either of the parties.

In the meanwhile, let no precipitated measures be taken in furtherance of the order dated 31.10.2025 till the outcome of aforesaid fresh objections of the appellant.

In view thereof, learned counsel for the appellant seeks to withdraw the present appeal, alongwith the pending application.

Heard. Allowed.

Accordingly, the present appeal is disposed of.

SAURABH BANERJEE, J.

NOVEMBER 04, 2025/ bh

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 07/11/2025 at 12:03:11