MOHD. SAMAR vs WASEEM AHMED & ANR.

Judgment text excerpt

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd July, 2025 + CM(M) 2930/2024& CM APPL. 39577/2024 & CM APPL. 24617/2025 MOHD. SAMAR .....Petitioner Through: Mr. Rajeev Saxena, Sr. Advocate with Mr. I Ahmed, Ms. Sana Ansari, Ms. Megha Saxena and Mr. Shaurya Dahiya, Advocates. versus WASEEM AHMED & ANR. .....Respondent Through: Mr. Himal Akhtar with Mr. Javed, Mr. Juned Salmani, Ms. Rehana, Advocates along with respondent in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The petitioner herein is objector before learned Executing Court and has raised grievance with respect to the issues framed by the learned Executing Court with respect to his objection petition. 2. The learned Executing Court has framed following issues: “i. Whether Zafar Hotel at 410, Jafrabad Main Road Delhi-110053 was being run by JD Mohd. Shamin Ahmed since 1994 as claimed by DH? OPDH ii. Whether Zafar Hotel at 410, Jafrabad Main Road Delhi-110053 was being run by Objector Mohd. Samar Ahmed as claimed by Objector? OPObjector” 3. According to the learned counsel for the petitioner/objector, the issues should have been differently worded and it should have been, merely, to the effect that whether the decree in question was binding on the objector or not. Signature Not Verified Digitally Signed CM(M) 2930/2024 1 By:DINESH CHANDRA Signing Date:24.07.2025 16:05:25 4. After the notice was issued, learned counsel for respondent/decree holder appeared and when the matter was taken up on 24.04.2025, he expressed his no objection if the issue was to be re-casted by this Court. 5. During course of arguments, Mr. Rajeev Saxena, learned Senior counsel for petitioner/objector, on instructions, submits that the objector is no longer interested in pursuing with this pr