M/S BANWARI LAL CHARITABLE TRUST & ORS. vs ATUL JAIN & ORS.

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23.12.2025 + CM(M) 961/2022 & CM APPL. 40343/2022 M/S BANWARI LAL CHARITABLE TRUST & ORS. .....Petitioners Through: Mr. Satya Prakash Sharan, Advocate. versus ATUL JAIN & ORS. .....Respondents Through: Mr. Sanjeet Singh, Advocate. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioners/judgment debtors have assailed order dated 22.04.2022 of the learned execution court, whereby application under Section 151 CPC filed on behalf of petitioners/judgment debtors for appointment of Local Commissioner for the purposes of demarcation of the subject property was dismissed because there was no need for the exercise, going by the site plan filed by the petitioners/judgment debtors themselves before the execution court. 2. I have heard learned counsel for both sides and examined the record. 3. Broadly speaking, it appears that the present petitioners sold property CM(M) 961/2022 Page 1 of 5 pages Digitally signed by GIRISH KATHPALIA Signature Not Verified GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4af ec45569af3962c6fb4835d435f97626cacc a, ou=HIGH COURT OF DELHI,CID - KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d 15570996b40f80cbd2eee60402c487965f Digitally Signed f801e26fa, cn=GIRISH KATHPALIA Date: 2025.12.23 18:07:56 -08'00' By:NEETU N NAIR Signing Date:23.12.2025 18:11:02 bearing no.1/16 and 1/17, Rani Jhansi Road, New Delhi but subsequently filed a suit for declaration and cancellation of the sale documents pertaining to premises bearing no.1/17, Rani Jhansi Road, New Delhi, apart from other reliefs. In the course of that suit, parties arrived at a settlement dated 17.09.2007, on the basis of which a compromise decree was passed. In th