MOHD ASHRAF AND ORS vs ABDUL WAHID SIDDIQUE (THROUGH LRS)

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09th July, 2025 + CM(M) 1178/2025 & CM APPL. 39724/2025 MOHD ASHRAF AND ORS .....Petitioners Through: Mr. Joby P. Varghese, Mr. Arpit Bhargava, Mr. Sarthak Sharma, Mr. Abhishek, Ms. Hina Bhargava, Ms. Amrita Dhawan & Mr. Aby Varghese, Advs. versus ABDUL WAHID SIDDIQUE (THROUGH LRS) .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein had filed a suit for possession and recovery of damages and injunction. 2. Such suit was decreed in his favour. 3. Feeling aggrieved, the concerned judgment debtor filed an appeal which is pending adjudication before the concerned learned District Judge, Central District, Delhi. 4. According to petitioner herein, the decretal amount is above Rs.25 lacs and since learned Appellate Court had started hearing arguments, he made statement before the learned First Appellate Court that he would not press his execution petition, in case, judgment debtor deposits a sum of Rs.9 lacs. 5. Such amount has, admittedly, been deposited by judgment debtor. The order, in this regard, was passed by learned First Appellate Court on 20.11.2023. Signature Not Verified Digitally Signed CM(M) 1178/2025 1 By:SONIA THAPLIYAL Signing Date:11.07.2025 14:34:18 6. The grievance of petitioner is, merely, limited to the effect that the appeal is still being heard and his own consent, given before the learned First Appellate Court, is now coming in his way as the appeal has not so far been disposed of and he is also precluded from pursuing his execution. He submits that he made request before the learned Appellate Court to withdraw his abovesaid consent, so that, he can pursue his execution petition but such application has been dismissed by learne