Rajbir Singh Sethi vs Barun Kumar
2025 Latest Caselaw 3110 Del

Delhi High Court

Rajbir Singh Sethi vs Barun Kumar on 28 March, 2025

                          $~40
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                   Date of Decision: 28th March, 2025
                          +      CM(M) 575/2025, CM APPL. 18134/2025 & CM APPL. 18135/2025
                                 RAJBIR SINGH SETHI                                       .....Petitioner
                                                     Through:      Ms. A Maitri with Ms. Radhika and
                                                                   Mr. Arnav Mudgal, Advocates.
                                                     versus
                                 BARUN KUMAR                                              .....Respondent
                                                     Through:      None.
                                 CORAM:
                                 HON'BLE MR. JUSTICE MANOJ JAIN
                                              J U D G M E N T (oral)

1. Petitioner herein has filed a suit seeking specific performance.

2. However, when the suit was pending adjudication, the matter was amicably settled between the parties and the defendant gave a statement that he would execute Sale Deed of the suit property on receipt of remaining amount of Rs. 1,58,00,000/-. The plaintiff also, accordingly, made a statement that the suit may be decreed in aforesaid terms.

3. It was in the abovesaid statements of the parties that the suit was disposed of and decree was drawn, accordingly.

4. It seems that pursuant to the above said decree, the plaintiff filed an Execution Petition with the following prayers:-

"a) Issue warrants of attachment attaching the bank account(s) and others movables as mentioned in list attached of judgment debtor/Barun Kumar, till the decreetal amount is fully recovered, paid by the judgment debtor

b) (sic) Also to attach property/plot bearing no. 66A, area measuring 133 sq. yards, out of Khasra no. 495, 499 situated in tile area of Village Mawada, Delhi state Delhi Colony known as

Block C, Rama Park, Uttam Nagar, New De1hi-110059 a/judgment Debtor/Barun Kumar."

5. Learned Executing Court, holding that no such relief had been granted to the decree holder, dismissed the Execution Petition as not maintainable.

6. Learned counsel for plaintiff/decree-holder submits that while filing Execution Petition, the prayers had not been appropriately described and he merely seeks liberty to file Execution Petition afresh by incorporating appropriate prayers, strictly in terms of judgment and decree.

7. In view of the above, the present petition is disposed of with liberty to the petitioner/decree holder to file Execution Petition afresh with appropriate prayers.

8. The present petition, along with pending applications, stands disposed of.

(MANOJ JAIN) JUDGE MARCH 28, 2025/sw/SS