NARESH KUMAR JAIN & ORS. vs RISHAB SHARMA

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18.12.2025 + CM(M) 2442/2025, CM APPL. 79865/2025 & 79864/2025 NARESH KUMAR JAIN & ORS. .....Petitioners Through: Mr. Rajesh Aggarwal and Ms. Deeksha Aggarwal, Advocates versus RISHAB SHARMA .....Respondent Through: Mr. Aman Gupta, Mr. Divyam Kandhari and Mr. Anup Kashyap, Advocates CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioners have assailed order dated 03.12.2025 of the learned execution court, whereby their application under Order XXI Rule 29 CPC was dismissed and consequently warrants of possession of the subject property were directed. 2. Learned counsel for respondent/Decree Holder appearing on advance intimation accepts notice. 3. Learned counsel for both sides request that in view of the urgency that has arisen in view of the impugned order, final arguments may be heard at this stage itself. Accordingly, I have heard learned counsel for both sides. CM(M) 2442/2025 Page 1 of 7 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, Signature Not Verified 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb48 35d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2e ee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Digitally Signed Date: 2025.12.18 17:28:17 -08'00' By:NEETU N NAIR Signing Date:18.12.2025 17:33:30 4. Broadly speaking, the present petitioners claim that they are in possession of the property, which is subject matter of the decree of possession under execution. The present petitioners claim that they were not made party to the suit which culminated into the judgment and the decree. It is further contended by them that the judgment and decree under execu