Punjab Exchange Ltd. vs K.S. Gupta And Ors.
1988 Latest Caselaw 330 Del

JUDGMENT

Sunanda Bhandare, J.

(1) This petition under Article 227 of the Constitution of India is directed against the order of the Additional District Judge, Delhi dated 12th October 1984 whereby the teamed Judge has granted a blanket order of stay of dispossession of the occupants of various 'Gaddis' in respect of which the petitioner has obtained a decree.

(2) An application was filed under Order 21 Rule 97 of the Code of Civil Procedure for police aid because there was certain resistance from some of the objectors to the decree. By the impugned order, the Additional District Judge, Delhi has even stayed the dispossession of the persons who have not filed the objections.

(3) I have heard the learned counsel for the parties at length. No doubt that even in an application filed under Order 21 Rule 97 of the Code of Civil Procedure if objections are filed, the court has to prima-facie consider as to whether the objector has any right to continue in the premises for which a decree has been obtained^ by the decree holder. It appears that in the present case, the trial court has not considered the objections individually and has passed a blanket order.

(4) I, therefore, set aside the order of the Additional District Judge, Delhi dated 12th October 1984 and direct the Additional District Judge dealing with the case to consider each of the objections independently and grant or refuse stay order after considering the merits of each case. As regards the order of the Additional District Judge granting stay of those persons in occupation even without filing objections, that order stands vacated. The petitioner will be entitled to get dispossession of the persons in occupation of the premises who have not filed objections. As regards the persons whose objections are pending they will not however be dispossessed till the Additional District Judge decides their individual objections and considers whether interim order of stay should be granted till the objections are finally decided. Parties will appear before the Additional District Judge, Delhi on 21st November 1988. Since the execution petition is pending for a long time, the Additional District Judge, Delhi is directed to dispose of the execution petition as expeditiously as possible preferably within four months.

(5) The petition is disposed of in the above terms. No costs.