RITU SHARMA vs KAILASH CHAND AND ANR

Judgment text excerpt

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30th July, 2025 + CM(M) 1395/2025 & CM APPL. 45982-45983/2025 RITU SHARMA .....Petitioner Through: Mr. Ashish Kr. Singh with Ms. Chitrakashi Vedi, Advocates. versus KAILASH CHAND AND ANR .....Respondents Through: Mr. Yogesh Bhardwaj, Advocate for R-2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is aggrieved by order dated 10.07.2025 whereby her objection has been dismissed. 2. The point raised in the present petition is a very short one. 3. Admittedly, there was some dispute between the plaintiff-Mr. Kailash Chand and his wife-Mrs. Manju Rani. However, in a suit filed by Mr. Kailash Chand against his said wife, there was a decree. 4. The decree, it seems, was based on some settlement between the parties. Unfortunately, the copy of such decree has not been placed on record. Impugned order, however, records that, as per the settlement decree, the decree-holder and judgment debtor had agreed that they would have joint possession of the first, second and third floor of the suit property situated at West Kanti Nagar and the decree holder shall have exclusive possession of ground floor for running dental care shop and that judgment debtor shall not disturb the possession of the decree holder. Thus, as per settlement decree, the decree holder had right to possession of the suit property. Signature Not Verified Digitally Signed CM(M) 1395/2025 1 By:SONIA THAPLIYAL Signing Date:01.08.2025 11:18:11 5. In terms of judgment and decree dated 21.08.2019, the decree holder i.e. Mr. Kailash Chand filed an execution petition seeking issuance of warrant of possession against his wife i.e. judgment debtor, in respect of house in question situated at West Kanti Nagar. 6. Fac