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2025 DAILYLAW 13142 (DEL)

UMA SHARMA & ANR. v. SANJAY KUMAR SEHRAWAT

C.R.P./86/2025 · 2025-03-21

Tara Vitasta Ganju

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 86/2025 & CM Appl.16616/2025 UMA SHARMA & ANR. .....Petitioners Through: Mr. Harshvardhan Sharma, Mr. Neeraj Kumar, Mr. Saksham Gupta, Mr. Ashutosh Kumar Pandey, Mr. Kartik Garg and Mr. Harsh Saini, Advs. versus SANJAY KUMAR SEHRAWAT .....Respondent Through: Mr. Nikhil Sehrawat and Mr. Sanchit Seth, Advs. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 21.03.2025 CM Appl.16615/2025[Exemption from filing certified/illegible copies] 1. Allowed, subject to the Petitioners filing certified/illegible copies of the annexures within a period of three weeks. 2. The Application stands disposed of. C.R.P. 86/2025 & CM Appl.16616/2025[Stay] 3. The present Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as ‘CPC’] impugning the order dated 11.03.2025 [hereinafter referred to as “Impugned Order”] passed by learned District Judge, Patiala House, Court, Delhi in CS 4281/2024 captioned Sanjay Kumar Sehrawat v. Uma Sharma & Anr. By the Impugned Order, the Application under Order XXVI Rule 9 of the CPC was allowed and the following directions were passed: “Accordingly, the plaintiff is permitted to shift the goods/movables which are lying in the four subject shops being property no.K-79, Shops Nos.34,35,37 and 38, Ch. Ishwar Singh Market, Rangpuri Road, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 11:37:20 Mahipalpur, New Delhi-110037 into one shop in the presence of the LC.” 4. The limited grievance that the Petitioners have raised in the present Petition is that the goods may not be removed/shifted from the shops as it will cause damage to these goods. 5. Issue Notice. Learned Counsel for the Respondent accepts Notice. 6. Accordingly and with the consent of the parties, the following directions are passed: (i) The Local Commissioner shall carry out the commission in accordance with the directions as have been passed by the learned Trial Court on the date fixed, except as set out herein. (ii) The parties shall remain present during the execution of the commission, along with their authorised representatives. (iii) The Local Commissioner shall identify the goods and make inventory of the goods/movables lying in each shop. (iv) Once inventorised, the goods/movables shall remain in the shops in which they are currently present. 7. The Impugned Order is modified to the extent as set out herein. 8. The Petition and pending Application are disposed of in the aforegoing terms. 9. The parties will act based on the digitally signed copy of the order. TARA VITASTA GANJU, J MARCH 21, 2025/r/jn Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/03/2025 at 11:37:20