Kinri Dhir vs Sudhir Mittal (Since Deceased) Through ...
2025 Latest Caselaw 1263 Del

Delhi High Court

Kinri Dhir vs Sudhir Mittal (Since Deceased) Through ... on 4 August, 2025

                          $~90
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                         Date of Decision: 04th August, 2025
                          +    CM(M) 1432/2025, CM APPL. 47058/2025 & CM APPL. 47059/2025
                               KINRI DHIR
                                                                                   .....Petitioner
                                              Through: Ms. Shivani Luthra Lohiya, Mr.
                                                         Pranya Madan and Mr. Sushrut
                                                         Sharma, Advocates.

                                                    versus

                                SUDHIR MITTAL (SINCE DECEASED) THROUGH LR.
                                                                      .....Respondent
                                             Through: None.

                                CORAM:
                                HON'BLE MR. JUSTICE MANOJ JAIN
                                              J U D G M E N T (oral)

1. The present petition seems to be little bit pre-mature.

2. The petitioner is facing execution proceedings and seeks stay of such proceedings.

3. The next date before the learned Executing Court is stated to be 08.08.2025.

4. The Execution Petition was, lastly, taken up by the learned Executing Court on 04.07.2024 and as per the bare contents of the order, the matter has simply been adjourned to 08.08.2025 for further proceedings while also recording that the learned counsel for judgment debtor had apprised the learned Execution Court that she would take instructions from the judgment debtor whether any part-payment can be made to the decree holder or not.

5. Be that as it may, there is no adverse order qua judgment debtor and, therefore, there is no reason, much less a compelling one, to stay the

proceedings, at the moment, at least.

6. The petition is, accordingly, disposed of in aforesaid terms.

7. However, if during further execution proceedings, any adverse order is passed against the judgment debtor, she would be at liberty to take recourse to judicial remedy, as may be permissible under law.

8. The pending applications also stand disposed of in aforesaid terms.

9. All rights and contentions of the parties are reserved.

(MANOJ JAIN) JUDGE AUGUST 4, 2025/ss/js