Central Govt Services Co Operative Land and Group v. Alka Rastogi

Delhi High Court · 14 Oct 2025 · 2025:DHC:9126
Girish Kathpalia
CM(M) 916/2022
2025:DHC:9126
civil petition_allowed

AI Summary

The Delhi High Court set aside warrants of arrest issued in execution proceedings after the decree directing membership enrolment was satisfied, allowing the petition as infructuous.

Full Text
Translation output
CM(M) 916/2022
HIGH COURT OF DELHI
Date of Decision: 14.10.2025
CM(M) 916/2022 & CM APPL. 39202/2022
CENTRAL GOVT SERVICES CO OPERATIVE LAND AND GROUP .....Petitioner
Through: Mr. M.K. Bhardwaj and Ms. Sanya Narula, Advocates.
VERSUS
ALKA RASTOGI .....Respondent
Through: Mr. Rajeev Kumar Chauhan and Mr. Sarthak Agarwal, Advocates.
CORAM: JUSTICE GIRISH KATHPALIA O R D E R
JUDGMENT

2. Broadly speaking, one of the reliefs stipulated in the decree was a mandatory injunction directing the present petitioner to enrol/register name of the present respondent/DH as a member of the petitioner society. It appears that in the execution proceedings, vide order dated 02.09.2022 the learned Execution Court issued warrants of arrest against the Secretary of (ORAL)

1. Learned counsel for petitioner submits that the present petition has become infructuous since the decree under execution stands satisfied. It appears that for past few dates the matter was being repeatedly adjourned before the predecessor benches for one or the other reasons. Learned counsel for respondent also does not seriously dispute that now the execution stands satisfied. CM(M) 916/2022 pages the petitioner society, which led to the present petition. During pendency of these proceedings, the present respondent/Decree Holder was enrolled and granted membership by way of Certificate dated 09.03.2023 issued by the present petitioner society/Judgment Debtor. Therefore, according to the petitioner side, the execution stands satisfied.

3. Considering the above circumstances, the impugned order is set aside and the petition stands allowed. Pending application stands disposed of.

GIRISH KATHPALIA (JUDGE) OCTOBER 14, 2025 st=Delhi,