PANKAJ SAINI vs KL SHARMA & ANR.

Judgment text excerpt

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08.12.2025 + CM(M) 2376/2025, CM APPL. 77292/2025 & CM APPL. 77291/2025 PANKAJ SAINI .....Petitioner Through: Mr. Anurag Tiwary, Advocate versus KL SHARMA & ANR. .....Respondents Through: Mr. Aman Usman, Advocate for R-1 CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner/judgement debtor no. 2 has assailed order dated 27.11.2025 of the learned execution court, whereby his objection under Section 47 CPC to the execution of the money decree was dismissed with cost; and observing that despite having means to pay, the petitioner/judgement debtor no. 2 had opted to ignore the decree, warrants of arrest against him were ordered by way of the impugned order subject to the decree holder taking steps and depositing the subsistence allowance of two weeks. 2. Having heard learned counsel for petitioner/judgement debtor no. 2, I do not find it a fit case to even issue notice. Rather, the present petition is found totally frivolous and filed with the aim to protract the execution proceedings. 3. Broadly speaking, in the proceedings for execution of the money recovery decree dated 15.03.2016 (modified on 03.05.2017), the present CM(M) 2376/2025 Page 1 of 3 pages Signature Not Verified Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, Digitally Signed GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec 45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 By:NEETU N NAIR 5570996b40f80cbd2eee60402c487965ff80 1e26fa, cn=GIRISH KATHPALIA Signing Date:08.12.2025 Date: 2025.12.08 14:32:31 -08'00' 14:44:19 petitioner/judgement debtor no. 2 filed objections under Section 47 CPC, claiming that the suit havi