SHYAM SUNDER KHANDELWAL vs KISHORI LAL JAISWAL

Judgment text excerpt

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03rd July, 2025 + CM(M) 1031/2025, CM APPL. 33767/2025 & CM APPL. 33768/2025 SHYAM SUNDER KHANDELWAL .....Petitioner Through: Mr. Kuldeep Singh, Mr. Tarun Singh A., Mr. Nishant Tyagi and Mr. Abhilash Tyagi, Advocates. versus KISHORI LAL JAISWAL .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner challenges the order dated 03.05.2025 passed by the learned Executing Court. 2. Admittedly, the petitioner herein has suffered a decree, and such decree has been challenged by him by filing a Regular First Appeal before this Court. 3. Such appeal has been registered as RFA No. 280/2025 and is now listed for hearing on 10.07.2025. 4. The abovesaid appeal was taken up by the learned Coordinate Bench of this Court dealing with the abovesaid RFA on 26.03.2025 and the Coordinate Bench, while dealing with the abovesaid RFA, specifically observed that the pendency of such appeal shall not prevent the execution proceedings. 5. In view of the abovesaid specific observation appearing in the Signature Not Verified Digitally Signed CM(M) 1031/2025 1 By:SONIA THAPLIYAL Signing Date:05.07.2025 12:14:13 abovesaid order dated 26.03.2025, the learned Executing Court has gone ahead and has directed the judgment debtor to deposit the entire decretal amount, failing which, the decree holder has been permitted to file process of attachment of movable articles of the judgment debtor. 6. Such order is under challenge. 7. It is quite obvious that there is no illegality of any nature whatsoever in the impugned order. 8. Since there was no stay granted by this Court while dealing with the abovesaid RFA, the Executing Court has rightly proceeded ahead with the execution petition. It is