MAHENDER vs PUSHPENDER SHARMA & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 22nd May, 2025 CM(M) 964/2025 & CM APPL. 31766-31767/2025 MAHENDER .....Petitioner Through: Ms. Vishakha Sharma, Advocate versus PUSHPENDER SHARMA & ORS. .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is aggrieved by order dated 21.03.2025. 2. Petitioner, who is JD No. 1 before the learned Executing Court, made offer to purchase the share of the Decree-Holder, as per the valuation given by SDM. Fact, however, remains that counsel for Decree-Holder declined the aforesaid offer and submitted that they, rather, want to proceed with the auction. Resultantly, learned Executing Court has directed for auction. 3. It has drawn schedule for the purposes of auction of the property, primarily, considering the specific directions given by the Hon’ble Supreme Court in Periyammal v. V. Rajamani, 2025 SCC OnLine SC 507 which mandates disposal of Execution Petition within six months. 4. Such order is under challenge. 5. Initially, the decree was passed on the basis of Order XII Rule 6 CPC and, thereafter, final decree has been passed on 08.11.2023. 6. At the stage of final decree, it