RIPU DAMAN SAHNI (DECEASED) THR LRS vs VIVEK SAHNI

Judgment text excerpt

$~132 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th August, 2025 + CM(M) 1551/2025 & CM APPL. 50885-50886/2025 RIPU DAMAN SAHNI (DECEASED) THR LRS .....Petitioner Through: Mr. Arvind Sharma and Mr. Madhu Kant Jha, Advocates. versus VIVEK SAHNI .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are legal representatives of judgment debtor-Mr. Ripu Daman Sahni. 2. Decree holder-Mr. Vivek Sahni has filed an execution petition against Mr. Ripu Daman Sahni and when the abovesaid execution petition was taken up by the learned Execution Court on 06.06.2025, noticing that judgment debtor was served through his wife, it issued warrants of attachment against the movable properties of Judgment debtor-Mr. Ripu Daman Sahni. 3. It is, however, informed that two days prior to the abovesaid order i.e. 04.06.2025, Mr. Ripu Daman Sahni had already died. Copy of his death certificate has also been enclosed with the petition. 4. It is submitted that the abovesaid aspect was brought to the notice of the learned Trial Court by moving an application to bring on record LRs of the deceased judgment debtor but such application has been, simply, directed to be taken up on the date fixed i.e. 19.09.2025. 5. It is submitted that since warrants of attachment against the movable properties of a dead man has been issued, the impugned order is not sustainable. Signature Not Verified Digitally Signed CM(M) 1551/2025 1 By:DINESH CHANDRA Signing Date:20.08.2025 19:09:31 6. None appears on behalf of the respondent despite advance notice. 7. Ideally, when the learned counsel for judgment debtor had appeared through video conferencing before the learned Executing Court on 06.06.2025, the abovesaid aspect should have been highlighted