DEEPAK ARYA Vs. DEVANSH REAL ESTATE PVT. LTD.

JUDGEMENT

(1.) This hearing has been done through video conferencing.

(2.) The present petition has been filed challenging order dated 25th March, 2021 by which the Petitioner's objections have not been taken on record by the Additional District Judge-02, Central District, Delhi (hereinafter, "Executing Court") in Execution No. 23604/2016 , titled 'M/s. Devansh Real Estate Pvt. Ltd. vs. M/s. Ankur Medico Pvt. Ltd. & Ors' . The Petitioner was Defendant/Judgment Debtor No. 7 in the said execution petition.

(3.) The case of the Petitioner is that the Petitioner was a sub-tenant under M/s. Ankur Medico Pvt. Ltd. whose partners were Mr. Vijay Abbot and Mrs. Manju Abbot. The premises in which the sub-tenancy was taken by the Petitioner has already been vacated in April, 2012 by the Petitioner. However, a decree was passed by the Trial Court in 2015 in which the defence of the main tenant was struck off. The other sub-tenants, being only persons claiming through the main tenant, no opportunity was given to them to defend the same. The decree passed is as under:-