LAWS(DLH)-2021-9-289

S. SACHDEVA Vs. ASHOK KUMAR

Decided On September 06, 2021
S. Sachdeva Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

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

(2.) The present petition challenges the impugned order dtd. 10/4/2019 by which a decree dtd. 2/7/2004 was amended ex-parte, on an application by the decree holder, without notice to the judgement debtor. The decree was originally passed by the Civil Judge (West District), Tis Hazari Courts, Delhi (hereinafter "Trial Court") in Misc. SCJ No. 28/2019 filed by the Defendant in Suit No. 502/2001 titled Smt. S. Sachdeva v. Ashok Kumar. The suit being Suit No. 502/2001 was for cancellation of documents titled as Sale Deed dtd. 17/7/1997 executed by the Plaintiff in favour of the Defendant, was filed by Smt S.Sachdeva against Sh.Ashok Kumar. The suit itself was dismissed for non-prosecution. The Defendant had sought a mandatory injunction by way of the counter claim and the same was decreed on 2/7/2004 in the following terms:

(3.) The decree sheet that was issued pursuant to the said decree dtd. 2/7/2004 reads as under: