SHRI NARESH GARG THROUGH ITS GP A SHRI NAVEEN GUPTA vs CHOTTEY LAL PANDEY THROUGH LRS

Judgment text excerpt

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21st April, 2025 + CM(M) 711/2025 & CM APPL. 22919-22920/2025 SHRI NARESH GARG THROUGH ITS GP A SHRI NAVEEN GUPTA .....Petitioner Through: Mr. Shiv Charan Garg with Mr. Imran Khan, Advocates. versus CHOTTEY LAL PANDEY THROUGH LRS .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein had filed a civil suit seeking possession and arrears of rent etc. 2. On the basis of the admission made by the defendant, decree was passed with respect to the possession. Such decree was challenged by the concerned defendant by filing an appeal (RCA No. 26/25) which is pending adjudication before the concerned learned District Judge and is now fixed for tomorrow. 3. Mr. Shiv Charan Garg, learned counsel for petitioner/Decree-Holder Signature Not Verified Digitally Signed CM(M) 711/2025 1 By:SONIA THAPLIYAL Signing Date:22.04.2025 11:54:46 submits that he had already lodged a Caveat and had received intimation regarding the filing of the appeal but when the abovesaid appeal was taken up by the learned First Appellate Court on 14.02.2025, mere notice was issued for 22.04.2025. 4. He submits that the appellant in a very smart manner, moved an application in the interregnum, seeking stay of the execution in question and while entertaining his such request, the learned First Appellate Court, without giving any opportunity of hearing to him, has stayed the Execution Petition. 5. It is in the abovesaid backdrop that the order dated 06.03.2025 has been challenged. 6. Though, the contention made by the petitioner herein is found to be having some substance, since such appeal is coming up for further hearing before the learned First Appellate Court tomorrow itself, Mr. Garg,