MADHU MALTI SAINI vs RAJESH SAINI AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 25th February, 2026 Date of Decision: 11th March, 2026 + CM(M) 2792/2024, CM APPL. 35147/2024, CM APPL. 35148/2024, CM APPL. 35149/2024, CM APPL. 71216/2024, CM APPL. 33131/2025, CM APPL. 33132/2025 & CM APPL. 495/2026 MADHU MALTI SAINI .....Petitioner Through: Mr. Karanveer Singh and Ms. Anuradha Yadav, Advocates along with petitioner in person. versus RAJESH SAINI AND ORS .....Respondents Through: Mr. Sandeep Sharma, Sr. Advocate with Mr. Sarthak Mannan, Mr. Rakesh Kumar Bhardwaj, Ms. Meera Mathur and Mr. Ankit Parindiyal, Advocates. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER 1. The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the order dated 13th October, 2023 passed by the learned Trial Court in Execution No. 228/2022, whereby the objections filed by the petitioner were dismissed, as well as the subsequent order dated 24th May, 2024 passed in the said execution proceeding, whereby the warrant of possession of the suit property has been issued. 2. I have heard the learned counsel for the parties and perused the record. Signature Not Verified Signed By:NAMITA CM(M) 2792/2024 Page 1 of 5 DHYANI Signing Date:11.03.2026 16:59:00 3. Learned counsel for the petitioner has argued that the execution petition was not maintainable at the instance of Decree Holder namely Sh. Rajesh Saini (‘Now Deceased’) as he has no locus standi to file the same because after the settlement dated 03rd May, 2019 the Decree Holder has not received any relief in that settlement. As per that settlement the only beneficiaries are Sh. Nikhil Saini and Ms. Neharika Saini who are the Son and Daughter of Sh. Rajesh Saini and presently are Respondent no. 2 and 3 in th