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Delhi High Court
Rajesh Gupta vs Asha & Anr on 18 December, 2025
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18.12.2025
+ CM(M) 2446/2025 & CM APPL. 79994/2025
RAJESH GUPTA .....Petitioner
Through: Mr. Ramesh Kumar and Mr. Dhrone
Diwan, Advocates.
versus
ASHA & ANR. .....Respondents
Through: None.
CORAM: JUSTICE GIRISH KATHPALIA
O R D E R (ORAL)
1. Petitioner has assailed order dated 28.11.2025 of the learned
execution court, whereby the learned execution court deferred the execution
of the eviction order despite there being no stay. It is contended by learned
counsel for petitioner/decree holder that the subject eviction order was dated
24.04.2025, so no notice of execution was required to be issued. That being
so, there is no need to issue notice of this petition also.
2. Learned counsel for petitioner/decree holder has taken me through the
impugned order, from which it appears that issuance of warrants of
possession was deferred by the learned execution court, simply because the
CM(M) 2446/2025 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d
435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee
Digitally Signed 60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2025.12.18 17:26:30 -08'00'
By:NEETU N NAIR
Signing Date:18.12.2025
17:33:30
judgment debtor had filed an application seeking review of the eviction
order. It is contended on behalf of petitioner/decree holder that an eviction
order is not even amenable to review jurisdiction before a Rent Controller.
Despite there being no stay on execution proceedings from any court, the
learned Rent Controller deferred the execution proceedings, taking a view
that if the execution proceedings are initiated, the review application would
become infructuous.
3. It is also informed by learned counsel that the execution proceedings
are being carried out by the same court which passed the eviction order and
before whom the review application was filed. As also reflected from the
impugned order, the learned trial and execution court despite being the
same, found it not fit to pass specific order in the review application, staying
the execution.
4. It has been repeatedly directed in various judicial pronouncements
that unless there is an explicit order of stay on operation of a judgment and
decree, the execution must not be deferred.
5. In view of the aforesaid, I am unable to uphold the impugned order,
so the same is set aside. The petition is allowed with the directions to the
learned execution court to expedite the disposal of the execution
proceedings and dispose of the same as soon as possible, but preferably
within three months from today. Pending application stands disposed of.
CM(M) 2446/2025 Page 2 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d
435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee
Digitally Signed 60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2025.12.18 17:26:50 -08'00'
By:NEETU N NAIR
Signing Date:18.12.2025
17:33:30
6. For compliance, copy of this order be sent to the learned execution
court forthwith.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965ff
801e26fa, cn=GIRISH KATHPALIA
Date: 2025.12.18 17:27:02 -08'00'
GIRISH KATHPALIA
(JUDGE)
DECEMBER 18, 2025/dr
CM(M) 2446/2025 Page 3 of 3 pages
