MASJIDNOOR AHMED WAQF THROUGH MOHD AZAM vs MOHD MUBARAK & ANR.

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11th July, 2025 + CM(M) 1202/2025 & CM APPL. 40601-40602/2025 MASJIDNOOR AHMED WAQF THROUGH MOHD AZAM .....Petitioner Through: Mr. Rajinder Mathur with Mr. Tarun Mathur and Mr. Akshat Singhal, Advocates. versus MOHD MUBARAK & ANR. .....Respondent Through: Mr. Arvind Kumar Gupta, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner, armed with a decree, filed an Execution Petition. 2. Such Execution Petition is of the year 2016. 3. The objection in the abovesaid Execution Petition has been filed by respondent No. 1 Mr. Mohd. Mubarak. 4. When the abovesaid Execution Petition was taken up by the learned Executing Court on 10.06.2025, it noticed that there was no appearance from the side of decree holder and judgment debtor, though, Objector was present with his counsel. 5. Noticing the earlier direction given by this Court on 26.05.2025 whereby last and final opportunity had been granted to the Objector to lead his evidence, the learned Executing Court closed the right of the petitioner to cross-examine the Objector. 6. The Objector has already entered into witness box and his examination-in-chief is already over and he is under cross-examination. 7. Learned counsel for petitioner submits that, on 10.06.2025, he was in Signature Not Verified Digitally Signed CM(M) 1202/2025 1 By:SONIA THAPLIYAL Signing Date:14.07.2025 12:22:01 personal difficulty which was already duly communicated to the learned counsel for the Objector also who had no objection to adjournment. 8. During course of the arguments, he submitted that the next date before the learned Trial Court is 30.07.2025. 9. Learned counsel for respondents has joined the proceedings on advance notice and has no objection if