Sh. Anup Sharma & Ors vs Sh. Nagendra Prasad Yadav
2015 Latest Caselaw 8538 Del

$~24.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    EX.P. 405/2015
     SH. ANUP SHARMA & ORS               ..... Decree Holders
                   Through: Mr. Sudhir Kumar Sharma, Advocate

                       versus

     SH. NAGENDRA PRASAD YADAV                 ..... Judgement Debtor
                   Through: None

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 17.11.2015

1. Vide order dated 15.09.2015, notice was issued to the Judgment

Debtor returnable for today. As per the office report, the Judgment

Debtor was served with the notice in the petition through ordinary

process on 16.10.2015 and through speed post on 17.10.2015.

2. The case was passed over on the first call to await the presence

of the Judgment Debtor. It is now 3:06 PM, however, none is present

on behalf of the Judgment Debtor even on the second call.

3. Counsel for the Decree Holder states that the Judgment Debtor

had failed to participate in the suit proceedings and suffered an

ex-parte judgment and decree dated 21.05.2014, whereunder a

decree of specific performance and permanent injunction was granted

in favour of the plaintiff in respect of the Agreement to Sell dated

30.08.2012 and the defendant was directed to execute the Sale

Deed/Conveyance Deed in respect of the suit premises bearing No.

C-35, an area measuring 73 sq. yards with roof rights comprised in

Khasra No.47 situated in Gali No.2, Shastri Garden, Patparganj, Delhi,

in favour of the Decree Holder/plaintiff after receiving the balance sale

consideration of Rs.35 lacs within four weeks. It was further ordered

that in case of failure on the part of the Judgment Debtor/defendant to

do so, the Decree Holder/plaintiff shall be entitled to file an application

for execution of a Sale Deed through an officer of the Court in

accordance with law. Till the Sale Deed is executed in favour of the

Decree Holder/plaintiff, the Judgment Debtor/defendant, his agents,

assigns etc. were permanently restrained from selling, alienating,

assigning, transferring, parting with possession or in any manner

creating any third party interest in respect of the suit premises. The

suit was accordingly decreed with costs.

4. Counsel for the Decree Holder states on instructions that his

client has repeatedly been approaching the Judgment Debtor and has

requested him to abide by the judgment and decree dated 21.05.2014

but to no avail. He states that to the best of the knowledge of the

Decree Holder, the Judgment Debtor has not filed an appeal against

the judgment and decree dated 21.05.2014, which has thus attained

finality. He, states that the Decree Holder may be permitted to deposit

the balance sale consideration of Rs.35 lacs, less a sum of

Rs.46,478.30 paise payable by the Judgment Debtor towards the costs

of the suit proceedings, as assessed under the decree within four

weeks and requests that simultaneously, an officer of this Court may

be appointed to execute the Sale Deed in respect of the suit premises

in favour of the Decree Holder at his expense.

5. Accordingly, Mr. Shiv Kumar, Senior Personal Assistant (Mobile

No.9818644534) is appointed to execute the Sale Deed in respect of

the suit premises for and on behalf of the Judgment Debtor in favour

of the Decree Holder and appear with the Decree Holder before the

Registrar of Assurances to have the same registered. After depositing

Rs.34,53,521.70 in the Registry within four weeks, the Decree Holder

shall contact the officer named above with a draft of the Sale Deed,

which shall be vetted and finalized and thereafter executed in

accordance with law. The fee of the officer is fixed at Rs.50,000/-.

6. At this stage, learned counsel for the Decree Holder states that

the Judgment Debtor is in actual physical possession of the suit

premises and warrants of attachment may be issued and in case of

facing any resistance, police aid may be granted to the Bailiff.

7. Accordingly, warrant of possession are issued in respect of the

suit premises. In the event the Bailiff faces any resistance in execution

of the warrants, he shall be entitled to seek police aid.

8. List on 2nd February, 2016.

HIMA KOHLI, J NOVEMBER 17, 2015 rkb/ap