Deepak Mohan Sud and Anr. Vs Dharmender Kumar

By way of this execution petition, the petitioner has prayed for execution of the judgment and decree passed by this Court in Civil Suit No. 107 of 2009, titled as Shri Deepak Mohan Sud and another vs. Shri Dharmender Kumar, decided on 04.10.2013. The relevant portion of the decree passed in favour of the plaintiffs reads as under:-

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“This Civil Suit filed on 01.12.2009, instituted on 02.12.2009 and came up for hearing on 4th day of October, 2013 before a Single Bench of Hon'ble Mr. Justice V.K. Sharma, Judge, High Court of Himachal Pradesh, Shimla, in the presence of Mr. Ajay Kumar, Sr. Advocate with Mr. Dheeraj K. Vashisht, Advocate for the plaintiffs and defendant proceed ex parte; it is ordered that for the reasons

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1 Whether reporters of the local papers may be allowed to see the judgment?

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2

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2026:HHC:1067 ) given in the judgment dated 04.10.2013, the suit of the plaintiffs is decreed, holding them to be de facto owners in possession of the suit land with a direction to the defendant to execute a formal sale deed in respect of the suit land in their favour and get the same registered from the competent Authority within 60 days from today, failing which the sale deed shall be liable to be executed and registered under orders of this Court at the expenses of the defendant, for which liberty is reserved to the plaintiffs. The prayer of the plaintiffs for perpetual prohibitory injunction, restraining the defendant from causing interference with the suit land in any manner, whatsoever, is also granted.”

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Notice to the judgment debtor in this execution petition was issued on 03.11.2025, returnable for 22.12.2025. On 22.12.2025, none appeared on behalf of the judgment debtor. In the interest of justice, the matter was ordered to be listed on 29.12.2025. On the said date also, none appeared on behalf of the judgment debtor. Even thereafter, as none has put in appearance on behalf of the judgment debtor despite due service, accordingly, the judgment debtor is ordered to be proceeded against ex parte .

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Learned Senior Counsel for the petitioners/decree holders has submitted that as the judgment debtor is not coming forth for the execution of the judgment, interest of justice would be served, in case, this petition is disposed of by directing some official

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3

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2026:HHC:1067 ) from the learned District Court, Shimla, to execute the judgment. Accordingly, Senior Sheristedar of the office of learned Chief Judicial Magistrate, Shimla, is appointed as the Commissioner for the purpose of execution of the sale deed qua the property in issue. His fee is assessed at Rs.20,000/- (Rs. Twenty Thousand only), which shall be paid by the decree Holder on the date of sale deed. Registry of this Court is directed to forward a copy of this order to learned District Judge, Shimla, who shall pass appropriate directions to ensure that this order is complied with in letter and spirit.

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The petition stands disposed of in above terms.

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(Ajay Mohan Goel) Judge

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January 05, 2026 ( narender )

Deepak Mohan Sud and Anr. v. Dharmender Kumar

Case brief

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Deepak Mohan Sud and Anr. v. Dharmender Kumar

Case brief

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