Rajan Sethi v. Sajan Sethi

1. Petitioner herein is objector before learned Executing Court and is aggrieved by order dated 28.07.2025 whereby learned Executing Court had directed appointment of Local Commissioner to understand the factual existence of doors and other portion of the suit property being Second Floor of Property No.D-1090, New Friends Colony, New Delhi-110065.

2. The learned Executing Court was compelled to pass the abovesaid order while observing that the parties had not filed videography of disputed portion, despite repeated directions.

3. Learned counsel for respondent/decree holder also appears on advance notice.

4. During course of arguments, it was noticed that both the sides have no reservation with respect to videography being carried out by Local Commissioner. According to learned senior counsel for petitioner, the aspect of partition by metes and bounds has already been decided and since the CM(M) 1451/2025 2 abovesaid order has already attained finality, the learned Executing Court should not have mentioned in the impugned order anything contrary to the findings which have already attained finality.

5. Since the appointment of Local Commissioner for the purposes of having videography is not disputed now, the present petition is disposed of as not pressed.

6. Needless to say, once such videography is placed on record by learned Local Commissioner before the learned Executing Court, the learned Executing Court would be at liberty to pass further appropriate order, while giving due adherence to the judgment and decree and also to the further orders passed by this Court as well as by Hon’ble Supreme Court. It would also give requisite opportunity in this regard to learned counsel for both parties, before passing any further order.

7. The present petition stands disposed of in aforesaid terms.

8. All rights and contentions of parties are reserved.

9. Pending application, if any, also stands disposed of.

JUDGE AUGUST 5, 2025/ck/js