MAHENDRA MALHOTRA vs UMA ARORA

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21st April, 2025 + CM(M) 699/2025 & CM APPL. 22643/2025 MAHENDRA MALHOTRA .....Petitioner Through: Ms. Archana Gaur, Advocate alongwith petitioner and daughter of petitioner. versus UMA ARORA .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The position in the present petition is strange and unusual. 2. One Ms. Uma Arora (respondent herein) filed a suit seeking eviction and recovery of possession. The suit had been filed against Ms. Neetu Malhotra. 3. A preliminary decree was passed in her favour on 12.04.2022. 4. Pursuant to the preliminary decree in favour of the decree holder, execution petition (Ex No. 166/2022) was filed before the Execution Court. 5. Mr. Mahendra Malhotra, (petitioner herein) happens to be father of Ms. Neetu Malhotra and filed independent objection in his own substantive and independent capacity. Ms. Archana Gaur, learned counsel for petitioner/objector submits that the primary and foremost ground of the Objector-Mahendra Lal Malhotra was to the effect that he was the owner of the property in question and, therefore, there could not have been decree with Signature Not Verified Digitally Signed CM(M) 699/2025 1 By:SONIA THAPLIYAL Signing Date:23.04.2025 11:25:35 respect to his property. 6. Such Objection Petition was taken up for consideration by the learned District Judge-02, (East), Karkardooma Courts, Delhi on 27.09.2024. 7. Interestingly, though, Mr. J K Sinha, learned Legal Aid Counsel representing such objector was present before the Court, the learned Executing Court dismissed the objection for the reason that the objector was not present in the Court. This looks little unusual as the counsel for the Objector was present before t