R.P MALHOTRA Vs. SUBHASH CHANDER

JUDGEMENT

(1.) By this petition, the petitioners (legal representatives of the judgment debtor in a decree passed in favour of the respondent herein), challenge the order of the execution Court dtd. 6/10/2018, allowing the prayer of the decree holder seeking delivery of possession of the suit property. The challenge has arisen out of the fact that though the decree issued by the trial court, holding the plaintiff entitled to execution of the sale deed in his favour, on the basis of an agreement of sale dtd. 26/12/2002, was a decree that became final upto this Court with the dismissal of the second appeal filed by the petitioners/their predecessor-in-interest (judgment debtor), the decree itself omitted to specifically state that after the execution of the sale deed, possession of the suit property would also be delivered to the decree holder.

(2.) Before this Court, Mr. Hemant Bassi, learned counsel for the petitioner, had argued on the first date that the case came up for hearing, that the judgments relied upon by the trial Court were in fact wholly distinguishable on facts, whereas those cited before that Court on behalf of judgment debtor were applicable, and further, in terms of the judgment of the Supreme Court in State Bank of India v. Ram Chandra Dubey AIR 2000 SC 3734, and of the Delhi High Court Dalip Kumar v. UOI and other (WP (C) 916/2012 decided on 6/5/2013), that Court could not pass an order in execution proceedings beyond the decree issued in favour of the decree holder.

(3.) His contention therefore was as he had submitted on the previous date, with him further citing from the judgment in Som Naths' case, pointing to the following paragraphs therefrom:-