LAWS(DLH)-2022-1-119

NARESH KUMAR GUPTA Vs. SATYA PAL

Decided On January 19, 2022
NARESH KUMAR GUPTA Appellant
V/S
SATYA PAL Respondents

JUDGEMENT

(1.) These three petitions under Article 227 of the Constitution are directed against orders dtd. 15/12/2021 passed by the Additional District Judge, Patiala House Courts, New Delhi, in three execution petitions filed by the respondent-decree holders, being Execution Petition Nos. 394/2018, 472/2018 and 415/2018.

(2.) The execution proceedings arise out of three suits, which concern three portions of the same property [E-14/4C, Vasant Vihar, New Delhi-110057] ["the property"]. The suits were filed by the respondent Nos. 1 and 2 in CM(M) 66/2022, the respondent Nos. 1 to 3 in CM(M) 67/2022 and respondent Nos. 1 and 2 in CM(M) 68/2022, hereinafter collectively referred to as "the plaintiffs". A company by the name of Shree Shyam Pulp and Board Mills Ltd. ["the Company"], the respondent No. 3 herein, was arrayed as the defendant No. 1 in each of the suits, and the petitioner herein, a Director of the Company, was arrayed as the defendant No. 2 in each of the suits.

(3.) The suits were settled by virtue of three separate settlement agreements dtd. 17/1/2018. The plaintiffs were jointly described as "the first party" in each of the settlement agreements, and the defendants, i.e. the petitioner and the Company, were jointly described as "the second party". It was recorded in the settlement agreement that the suits were for possession and recovery of damages/mesne profits in respect of the respective portions of the property. The settlement deed in CM(M) 66/2022 records the following terms: