RAJESH GUPTA vs ASHA & ANR.

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18.12.2025 + CM(M) 2446/2025 & CM APPL. 79994/2025 RAJESH GUPTA .....Petitioner Through: Mr. Ramesh Kumar and Mr. Dhrone Diwan, Advocates. versus ASHA & ANR. .....Respondents Through: None. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner has assailed order dated 28.11.2025 of the learned execution court, whereby the learned execution court deferred the execution of the eviction order despite there being no stay. It is contended by learned counsel for petitioner/decree holder that the subject eviction order was dated 24.04.2025, so no notice of execution was required to be issued. That being so, there is no need to issue notice of this petition also. 2. Learned counsel for petitioner/decree holder has taken me through the impugned order, from which it appears that issuance of warrants of possession was deferred by the learned execution court, simply because the CM(M) 2446/2025 Page 1 of 3 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d 435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee Digitally Signed 60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.12.18 17:26:30 -08'00' By:NEETU N NAIR Signing Date:18.12.2025 17:33:30 judgment debtor had filed an application seeking review of the eviction order. It is contended on behalf of petitioner/decree holder that an eviction order is not even amenable to review jurisdiction before a Rent Controller. Despite there being no stay on execution proceedings from any court, the learned Rent Controller deferred the execution proceedings,