PRIYANKA AILAWADI vs SAURABH GOEL

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10th July, 2025 + CM(M) 1051/2025 & CM APPL.40081-40082/2025 PRIYANKA AILAWADI .....Petitioner Through: Mr. Murari Tiwari along with Mr. Rahul Kumar, Ms. Nimisha Gupta, Ms. Indira Murthy and Mr. Pranshu Prakash, Advocates. versus SAURABH GOEL .....Respondent Through: Mr. Rahul Rai, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in the present petition is a short one. 2. The respondent-Mr Saurabh Goel, had filed a suit against one Mr. Kunal Ailawadi and such suit was eventually decreed in favour of respondent. 3. Armed with such decree, respondent filed an execution petition. 4. However, the concerned judgment debtor did not appear before the Court. 5. His wife (petitioner herein) filed an objection petition under order XLVII CPC. 6. Such objection petition was taken on record by the learned Executing Court but without disposing of such objection petition, the learned Executing Court has issued attachment warrants on 16.05.2025. 7. Such order is under challenge. Signature Not Verified Digitally Signed CM(M) 1051/2025 1 By:SONIA THAPLIYAL Signing Date:11.07.2025 18:53:53 8. The sole grievance of the petitioner herein is to the effect that without deciding the objection petition, the Court should not have issued any coercive process. 9. She also submits that even otherwise she is residing separately from her husband and her husband continues to be in judicial custody. 10. Learned counsel for respondent has already put in appearance and has moved one application under Section 151 CPC. 11. During course of the arguments, learned counsel for respondent submitted that he would also have no objection if the learned Trial Court is requested to first dispose of the objec