MOHD SHAKEEL & ORS. vs MOHD ISLAM

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th, August, 2025 + CM(M) 1138/2022 & CM APPL. 45897/2022 & CM APPL. 9736/2024 & CM APPL. 11090/2025 MOHD SHAKEEL & ORS. .....Petitioner Through: Ms. Sana Ansari and Mr. I. Ahmed, Advocates along with petitioner in person versus MOHD ISLAM .....Respondent Through: Mr. Vijay K. Gupta and Mr. Mehul Gupta, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Respondent Mohd. Islam had filed a suit against three defendants which was, eventually, decreed on 11.01.2022. 2. Armed with such decree, an execution petition was filed by the decree-holder which was registered as Ex. No. 164/2022. 3. Fact, however, remains that aforesaid decree was challenged and the learned First Appellate Court modified the decree. 4. On the basis of such modified decree, decree-holder filed yet another execution petition, which has been registered as Ex. No. 519/2025. 5. Fact remains that the judgment-debtors, in the previously filed execution petition, filed certain objections and such objections were dismissed by the learned Executing Court on 02.09.2022 and the present petition challenges the aforesaid order dated 02.09.2022. Signature Not Verified Digitally Signed CM(M) 1138/2022 1 By:DINESH CHANDRA Signing Date:27.08.2025 19:55:04 6. The sole grievance of the petitioners is to the effect that with respect to one decree, two separate execution petitions cannot be maintained. 7. During course of arguments, learned counsel for respondent/decree holder submitted that since another execution petition has already been filed based on modified decree, he would not be pressing his previously filed execution petition i.e. Ex. No. 164/2022. 8. On the basis of such statement made by learned counsel for decree holder,