Sh. Anup Sharma & Ors. v. Sh. Nagendra Prasad Yadav

1. Vide order dated 15.09.2015, notice was issued to the Judgment Debtor returnable for today. As per the office report, the Judgment Debtor was served with the notice in the petition through ordinary process on 16.10.2015 and through speed post on 17.10.2015.

2. The case was passed over on the first call to await the presence of the Judgment Debtor. It is now 3:06 PM, however, none is present on behalf of the Judgment Debtor even on the second call.

3. Counsel for the Decree Holder states that the Judgment Debtor had failed to participate in the suit proceedings and suffered an ex-parte judgment and decree dated 21.05.2014, whereunder a decree of specific performance and permanent injunction was granted 2015:DHC:9357 in favour of the plaintiff in respect of the Agreement to Sell dated 30.08.2012 and the defendant was directed to execute the Sale Deed/Conveyance Deed in respect of the suit premises bearing No. C-35, an area measuring 73 sq. yards with roof rights comprised in Khasra No.47 situated in Gali No.2, Shastri Garden, Patparganj, Delhi, in favour of the Decree Holder/plaintiff after receiving the balance sale consideration of Rs.35 lacs within four weeks. It was further ordered that in case of failure on the part of the Judgment Debtor/defendant to do so, the Decree Holder/plaintiff shall be entitled to file an application for execution of a Sale Deed through an officer of the Court in accordance with law. Till the Sale Deed is executed in favour of the Decree Holder/plaintiff, the Judgment Debtor/defendant, his agents, assigns etc. were permanently restrained from selling, alienating, assigning, transferring, parting with possession or in any manner creating any third party interest in respect of the suit premises. The suit was accordingly decreed with costs.

4. Counsel for the Decree Holder states on instructions that his client has repeatedly been approaching the Judgment Debtor and has requested him to abide by the judgment and decree dated 21.05.2014 but to no avail. He states that to the best of the knowledge of the Decree Holder, the Judgment Debtor has not filed an appeal against the judgment and decree dated 21.05.2014, which has thus attained finality. He, states that the Decree Holder may be permitted to deposit the balance sale consideration of Rs.35 lacs, less a sum of Rs.46,478.30 paise payable by the Judgment Debtor towards the costs of the suit proceedings, as assessed under the decree within four weeks and requests that simultaneously, an officer of this Court may be appointed to execute the Sale Deed in respect of the suit premises in favour of the Decree Holder at his expense.

5. Accordingly, Mr. Shiv Kumar, Senior Personal Assistant (Mobile No.9818644534) is appointed to execute the Sale Deed in respect of the suit premises for and on behalf of the Judgment Debtor in favour of the Decree Holder and appear with the Decree Holder before the Rs.34,53,521.70 in the Registry within four weeks, the Decree Holder shall contact the officer named above with a draft of the Sale Deed, which shall be vetted and finalized and thereafter executed in accordance with law. The fee of the officer is fixed at Rs.50,000/-.

6. At this stage, learned counsel for the Decree Holder states that the Judgment Debtor is in actual physical possession of the suit premises and warrants of attachment may be issued and in case of facing any resistance, police aid may be granted to the Bailiff.

7. Accordingly, warrant of possession are issued in respect of the suit premises. In the event the Bailiff faces any resistance in execution of the warrants, he shall be entitled to seek police aid.

8. List on 2nd February, 2016. HIMA KOHLI, J NOVEMBER 17, 2015 rkb/ap