ASHOK KUMAR vs MANMOHAN HARJAI

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18th March, 2025 CM(M) 504/2025 & CM APPL. 15542-15543/2025 ASHOK KUMAR .....Petitioner Through: Mr. Amit Srivastava, Ms. Uzma, Mr. Manish Panchal and Mr. Kapil Tomar, Advocates. versus MANMOHAN HARJAI .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein was defending a summary suit filed under Order XXXVII CPC for recovery of Rs. 2,50,000/- with interest. 2. He, eventually, suffered a decree as the abovesaid suit was decided against him vide judgment dated 15.03.2019. 3. Based on the abovesaid decree, decree-holder filed an Execution Petition which was registered as 2 EX 2024/2019. 4. When such Execution Petition was taken up by the learned Executing Court on 29.11.2024, it passed following order:- “On last date of hearing, warrants of attachment were issued, which were received back 'not enough articles'. Today, Ld. counsel for DH has moved an application u/o XXI Rule 30 CPC. Soft copy supplied. Ld. counsel for JD submits that he wants to file the reply to the application u/o XXI rule 30 CPC. Since the warrants of attachment were not executed, the Court is not inc