LEELAWATI vs RAJIV KUMAR

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16.07.2025 + C.R.P. 199/2025, CM APPLs. 41693-94/2025 LEELAWATI .....Petitioner Through: Mr. K.C Dubey, Mr. Abhishek Agarwal, Mr. Rupesh Kumar, Ms. Vina Tarafdar and Mr. R.K Dagur, Advocates versus RAJIV KUMAR .....Respondent Through: Mr. Akil Rataeeya, Mr. Ramit Sehrawat, Mr. Harsh Gulia, Mr. Aaditya Vats and Mr. Sunny Dagar, Advocates. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] seeking to challenge the Order dated 04.07.2025 passed by the learned Civil Judge-02, South-West, Dwarka Courts, New Delhi in Ex. Petition Civil No. 988/22 [hereinafter referred to as “Impugned Order”]. By the Impugned Order, an Application under Order XXI Rule 99 of the CPC has been dismissed by the learned Executing Court. 2. Learned Counsel appearing on behalf of the Respondent, at the outset, submits that the Petitioner has not disclosed the true and correct facts before this Court. He submits that the execution proceedings emanate from a decree in a suit for eviction that has been obtained by the Respondent on 07.10.2022 whereby the learned Trial Court granted the Respondent the Signature Not Verified C.R.P. 199/2025 Page 1 of 7 Digitally Signed By:PRAGYA ARORA Signing Date:06.08.2025 12:52:38 relief of recovery of possession of the suit property. 2.1 Learned Counsel appearing on behalf of the Respondent further submits that the challenge to the decree was filed by the Petitioner being RCA Civil DJ ADJ No. 5/21 captioned Munshi Lal v. Rajiv Kumar and by Order dated 23.08.2024, the Appellate Court dismissed the Appeal filed by the Petitioner. The relevant extract i