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Delhi High Court
Albert Gomes & Anr vs Helen Gomes & Ors on 20 February, 2026
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 20th February, 2026
+ CM(M) 406/2026
ALBERT GOMES & ANR. .....Petitioners
Through: Mr. Bishnu Kumar, Advocate
(through VC).
versus
HELEN GOMES & ORS. .....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA
ORDER (Oral)
Rajneesh Kumar Gupta, J.
1. This hearing has been conducted through hybrid mode.
CM APPL. 11756/2026 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
CM(M) 406/2026 & CM APPL. 11755/2026
3. The present petition has been filed on behalf of the petitioners under
Article 227 of the Constitution of India, 1950, assailing the order dated 28th
November, 2025, passed by the trial court in Execution Petition No.
232/2022.
4. Heard. Record Perused.
5. Learned Counsel for the petitioner has argued that petitioners have
nothing to do with multiple litigations, including the civil suit in which the
decree in question has been passed. It is submitted that the petitioners were
never impleaded as party in the suit and therefore, the decree could not have
been executed against them. It is further argued that the respondents have
suppressed the status of the petitioners as tenants in the suit premises. On
these grounds, it is prayed that the impugned order be set aside and that the
petitioners be put into possession of the suit premises.
6. The relevant portion of the impugned order reads as under:
"Memo of parties along-with an application u/s 379,
BNSS filed on behalf of the DH. The same are taken on
record.
Another application filed on behalf of the DH seeking
possession of immovable property i.e. 6/297, Lalita Park,
Laxmi Nagar, Delhi-110092. The same is taken on record.
In view of the submissions made and settlement arrived
between parties before the Mediation Centre, the aforesaid
application is disposed of as allowed.
Accordingly, issue warrant of possession in respect of
property i.e. 6/297, Lalita Park, Laxmi Nagar, Delhi-110092
on filing of PF with permission to break open the lock with
police aid, if need arises.
DH to appear before Ld. ACJ-East, KKD Delhi on
03.12.2025. Put up for report on warrants on 24.12.2025.
DH shall file an affidavit alongwith PF that there is no stay
from the Higher Court on the present execution proceedings.
Steps be taken within one week from today."
7. Learned Counsel for the petitioner further submits that the warrant of
possession in respect of the suit property has already been executed.
8. The argument of the learned Counsel for the petitioner that the
petitioners are tenants in the suit premises and that they have been
dispossessed from the suit premises in the execution proceedings without due
process of law cannot be sustained in the present petition as this court does not
find any infirmity in the impugned order. The petitioner can avail other legal
remedies as available to them in accordance with law to enforce their legal
rights, if any, in respect of the suit property.
9. Accordingly, the present petition is dismissed being devoid of any
merits. Pending application(s), if any, also stand disposed of.
RAJNEESH KUMAR GUPTA, J
FEBRUARY 20, 2026/v/tp
