Smt. Pushpa Devi Bhagat (Decd.) vs Rajinder Singh And Ors.
2006 Latest Caselaw 391 Del

JUDGMENT

R.S. Sodhi, J.

1. C.M.(M) 2507/2005 is directed against the order of the Civil Judge, Delhi, dated 28.9.2005 whereby in execution the executing court has granted 15 days' time to the judgment debtor to hand over vacant and peaceful possession of the premises, C-25, Friends Colony, New Delhi, and for payment of the decretal amount along with costs awarded failing which warrants of possession as also warrants of attachment shall be issued.

2. It is contended by counsel for the petitioner that the petitioner moved the Supreme Court by way of a special leave petition against the order of the High Court where the Supreme Court has issued notice. He submits that mere issue of notice should be sufficient for the executing court to stay its hands.

3. Counsel for the respondents contends that if the Supreme Court would have desired to pass any interim order, it would have done so. That not being the case, it would be open for the executing court to continue with the proceedings.

4. I have heard counsel for the parties and have gone through the order under challenge. On a reading of the same, I find that there is no infirmity in the order under challenge.

5. CM(M) 2507/2005 and C.M. Appl. 14667/2005 are dismissed.

6. Counsel for the petitioner submits that the execution be stayed for a period of fifteen days since by that time he will approach the Supreme Court. The request is declined.