Disposed

Kamlesh Sharma v. Devender Kumar Kaushik & Anr.

Delhi HC26 Nov 2025EX.P./57/2023

Case brief

AI extract

What is this about?

Execution petitions arising from a 2009 decree in terms of a settlement agreement, seeking delivery of partitioned portions of suit property. Relying on the Local Commissioner's report and site plan, the court directed handing over of specific portions to each decree holder and disposed of the petitions.

What did the court decide?

Possession of partitioned portions (154.82 sq. yds. each) directed to be handed over to each decree holder per the site plan; parties to cooperate in mutation.

Kamlesh Sharma Vs Devender Kumar Kaushik & Anr. — Partition | Delhi HC (2025)

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$~38-39

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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EX.P. 57/2023 & EX.APPL.(OS) 1087/2023

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KAMLESH SHARMA .....Decree Holder Through: Mr. Aaditya Vijay Kumar, Ms. Akshita Katoch and Mr. Anirudh Anand, Advocates.

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versus

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DEVENDER KUMAR KAUSHIK & ANR. .....Judgement Debtors Through: Mr. Ravi Namsaut, Advocate for JD-2 along with son of JD-2. Ms. Apoorva Singh, Local Commissioner/Receiver.

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39.

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+ EX.P. 61/2023 & EX.APPL.(OS) 1107/2023

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DEVENDER KUMAR KAUSHIK .....Decree Holder Through:

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versus

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OMKAR .....Judgement Debtor Through: Mr. Ravi Namsaut, Advocate for JD along with son of JD Ms. Apoorva Singh, Local Commissioner/Receiver

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R

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% 26.11.2025

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The suit from which the present execution petitions arise was decreed by this Court on 16^th December, 2009 in terms of the Settlement Agreement dated 17^th November, 2009 arrived at between the parties.

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EX.P. 57/2023 and connected matter

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Page 1 of 7

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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 01/12/2025 at 14:13:02

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Relevant extracts from the Settlement Agreement are set out below:

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This Court on 16^th February, 2024 appointed Local Commissioner to visit the premises along with a representative of the decree holder to identify 165 sq. yds. and 15 sq. yds. area, out of the properties which are to be partitioned and be handed over to the decree holders in both the petitions. 4. In the Order passed on 21^st April, 2025, it was noted that the property had to be divided between the decree holder, judgment debtor no.1 and judgment debtor no.2. Paragraphs 3 and 4 of the said order are set out below:

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EX.P. 57/2023 and connected matter

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Page 2 of 7

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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 01/12/2025 at 14:13:02

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After hearing the submissions of the parties, the following findings were recorded:

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EX.P. 57/2023 and connected matter

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Page 3 of 7

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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 01/12/2025 at 14:13:02

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This is a digitally signed order.

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EX.P. 57/2023 and connected matter

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Page 4 of 7

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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 01/12/2025 at 14:13:02

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In the Order passed by this Court on 11^th August, 2025, it was recorded that Receiver has put locks on the 18 rooms of the property. 7. In terms of the report of the Local Commissioner dated 4^th April, 2024, a site plan has been filed as Annexure-7 suggesting the manner in which the suit property can be partitioned by metes and bounds in favour of two decree holders and judgment debtor no.2. Paragraphs 8 and 9 of the said report is set out below:

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EX.P. 57/2023 and connected matter

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Page 5 of 7

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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 01/12/2025 at 14:13:02

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The reference to Annexure-8 in paragraph 9 of the aforesaid report as set out above should read as Annexure-7.

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In terms of the aforesaid report and the site plan attached thereto, portion ‘a’, i.e. area admeasuring 154.82 square yards has to go to the decree holder in EX. P. 57/2023; portion ‘b’, i.e. area admeasuring 154.82 square yards has to go to the decree holder in EX.P. 61/2023; and portion ‘c’, i.e. area admeasuring 101.68 square yards is to go to Sh. Omkar, the judgment debtor in both the petitions.

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Counsel for the judgment debtor no.2, on instructions from judgment debtor no.2, Mr. Omkar, who is present in Court along with his son, Mr. Ravinder Kaushik, submits that they have no objection to the division of the property in terms of the site plan filed by the Local Commissioner as Annexure-7 to her report dated 4^th April, 2024.

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Counsel for the judgment debtor no.2 submits that judgment debtor no.2 is not in occupation or possession of portion ‘a’ and portion ‘b’ in terms of the aforesaid site plan.

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Page 6 of 7

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EX.P. 57/2023 and connected matter

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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 01/12/2025 at 14:13:02

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The Local Commissioner who is present in Court submits that in the various rooms which are part of portion ‘a’ and portion ‘b’, locks have been put by the Local Commissioner.

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In view thereof, the Local Commissioner is directed to hand over possession of portion ‘a’ to the decree holder in EX. P. 57/2023 viz. Smt. Kamlesh Sharma and portion ‘b’ to the decree holder in EX. P. 61/2023 viz. Sh. Devender Kumar Kaushik in terms of the aforesaid site plan.

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The judgment debtor no.2, viz. Sh. Omkar or his family shall not create any hinderance or obstruction in handing over the aforesaid portions to the decree holders.

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It is stated that the entire property continues to be in the name of the father of the parties.

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Parties shall cooperate with each to affect mutation of the properties in their respective names.

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Both the execution petitions stand disposed of with the aforesaid directions.

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Consequently, all pending applications stand disposed of in aforesaid terms.

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AMIT BANSAL, J

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NOVEMBER 26, 2025

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Rzu

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EX.P. 57/2023 and connected matter

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Page 7 of 7

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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 01/12/2025 at 14:13:02

Kamlesh Sharma v. Devender Kumar Kaushik & Anr.

Case brief

What is this about?

What did the court decide?

Kamlesh Sharma v. Devender Kumar Kaushik & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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