A. Anand vs Aruna
2026 Latest Caselaw 1715 Del

Delhi High Court

A. Anand vs Aruna on 24 March, 2026

                          $~79
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                   Date of Decision: 24th March, 2026
                          +      CM(M) 617/2026, CM APPL. 18642/2026, CM APPL. 18643/2026
                                 & CM APPL. 18644/2026
                                 A. ANAND                                                .....Petitioner
                                                    Through:     Petitioner in person.

                                                    versus

                                 ARUNA                                              .....Respondent
                                                    Through:     Mr. Manu Sishodia and Ms. Hina
                                                                 Rajput, Advocates.
                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA
                                                          ORDER (Oral)

Rajneesh Kumar Gupta, J.

1. This hearing has been conducted through hybrid mode.

2. The present petition has been filed under Article 227 of the Constitution of India by the petitioner/JD, assailing the impugned order dated 19th March, 2026, passed by the learned Trial Court in Execution (Civil) No. 1765/2025, whereby the warrant of possession of the suit property has been issued.

3. Learned Counsel for the respondent/DH appears on advance notice and accepts notice.

4. Heard. Record perused.

5. Vide order dated 15th May, 2025, the application of the respondent under Order XII Rule 6 read with Section 151 of CPC has been allowed against the petitioner and decree for possession of the suit property has been

passed. In the execution petition of that decree, the warrant of possession of the suit property has now been issued.

6. Learned Counsel for the petitioner has argued that no prior notice was given before the issuance of the warrant of possession and that the decree was obtained by way of fraud.

7. A perusal of the impugned order shows that the petitioner had not appeared despite service of notice. Moreover, the execution petition has been filed within 02 (two) years from the date of the decree, and therefore, no prior notice was also required.

8. Accordingly, this Court doesn't find any infirmity in the impugned order and the petition is dismissed as being devoid of any merits. Pending application(s), if any, also stand disposed of.

9. Copy of this order be given dasti under the signature of the Court Master.

RAJNEESH KUMAR GUPTA, J MARCH 24, 2026/MR/ABK