JYOTI BEHL vs KARAN JAIN & ANR.

Judgment text excerpt

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23rd April, 2025 + CM(M) 726/2025 & CM APPL. 23688-23689/2025 JYOTI BEHL .....Petitioner Through: Mr. Saurabh Kansal with Mr. Suraj Kumar Jha, Advocates. versus KARAN JAIN & ANR. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in the present petition is very short and precise. 2. One Karan Jain had filed a suit against Ms. Monika Luthra (since deceased). The suit was seeking specific performance of one Agreement to Sell dated 20.07.2011 with respect to one property situated at Sector 6, Rohini, Delhi. 3. When the abovesaid suit was taken up by the concerned Court on 23.01.2018, keeping in mind the stand taken in the pleadings and noticing that there was no issue which was required to be put to trial, the suit was decreed. While passing the decree, the defendant, who was represented by DLSA counsel, submitted to the learned Trial Court that there was some dispute going on between her and her daughter and she expressed apprehension that if the amount was paid to her, then and there, her such daughter may grab the same. Signature Not Verified Digitally Signed CM(M) 726/2025 1 By:SONIA THAPLIYAL Signing Date:24.04.2025 17:02:39 4. Be that as it may, based on the abovesaid decree, eventually, Execution Petition was filed, which was registered as Execution Civil No.800/2018. 5. Said Monika Luthra, unfortunately, died on 14.04.2023. 6. Jyoti Behl (petitioner herein), being daughter of Monika Luthra (Judgment Debtor) has stepped into her shoes as her legal representative in the abovesaid Execution Petition. 7. When such Execution Petition was taken up by the learned Executing Court on 22.11.2024, she prayed for stay of the execution, contending tha