Delhi High Court
Delhi Urban Shelter Improvement Board vs Zile Singh Thr Lrs on 23 October, 2024
$~104
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23rdOctober, 2024
+ CM(M) 3695/2024 & CM APPL. 62640/2024 & CM APPL.
62641/2024
DELHI URBAN SHELTER IMPROVEMENT BOARD
.....Petitioner
Through: Mr. Rishikant Singh, Mr. Vinay Rathi,
Mr. P. Siroha, Mr. Himanshu Singhal,
Advocates Mr. Vijay Kr. Maggo (Law
officer) and Mr. Raju Sirsikar(Deputy
Director).
versus
ZILE SINGH THR LRS
.....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Delhi Urban Shelter Improvement Board (DUSIB) has filed present
petition challenging order dated 18th October, 2024.
2. When asked, learned counsel for DUSIB (now Judgment-Debtor)
informed that earlier a shop had been allotted to one Sh. Zile Singh.
3. Such allotment was purely on license-basis.
4. However, it seems that when Sh. Zile Singh lost possession of said
shop, he was compelled to file a suit seeking possession and declaration.
Such suit was, initially, dismissed by the learned Trial Court but when
plaintiff filed a Regular First Appeal, the above said judgment was set aside
by this Court and, resultantly, the suit was decreed in terms of issue No. 1, 2
and 3.
5. Such judgment passed by RFA Court is of 5th April, 2018 and it has
already attained finality as there is no challenge to the above.
6. Pursuant to the above said, execution petition was filed.
7. Such execution was filed way back in the year 2019 and, eventually,
the learned Executing Court has directed DUSIB to handover possession of
the suit shop to Ms. Angoori Devi (widow of Sh. Zila Singh) within two days
and also to file a report.
8. The matter is now fixed before the learned Executing Court on 25th
October, 2024 for compliance.
9. During course of the arguments, learned counsel for DUSIB, on
instruction, states that they would ensure that the possession is handed over to
her on or before 25th October, 2024, and they would also file a Compliance
Report in this regard before learned Executing Court. However, he states that
even after handing over the possession, there are certain procedural
formalities which need to be complied with by said occupant Ms. Angoori
Devi and a direction be issued to her to comply those, after receiving the
possession.
10. The present petition is accordingly disposed of with direction to
DUSIB to handover possession of the suit shop to respondent on or before
25th October, 2024.
11. In case any procedural formalities are required to be complied with by
Ms. Angoori Devi, learned Executing court would keep the above said aspect
in mind and it is expected that it would, after hearing both the sides, issue
necessary directions in this regard.
12. Needless to say, such directions have to be within the four corners of
the decree in question.
13. It is also clarified that in case the possession is handed over on or
before 25th October, 2024, the concerned Deputy Director would not be
required to appear in person before the learned Executing Court.
14. The petition is, accordingly, disposed of.
15. Order dasti, under the signatures of the Court Master.
(MANOJ JAIN)
JUDGE
OCTOBER 23, 2024/ss
