$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010439502025 + CM(M) 1226/2025 & CM APPL. 41310/2025 DANISH .....Petitioner Through: Mr. Omprakash, Mr. Durgesh Gupta and Ms. Neha Garg, Advs. versus SMT JAI SHREE GUPTA & ANR. .....Respondents Through: Mr. Hitesh Bharadwaj and Ms. Sarita Gupta, Advs. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 02.09.2026 1. Through the present petition, the petitioner impugns the order dated 29.05.2025 passed by the learned District Judge-01 (North East), Karkardooma Courts, Delhi in Misc. DJ No. 56/2025, whereby the learned Trial Court dismissed the petitioner’s application under Order XXXVII Rule 4 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking setting aside of the impugned judgment and decree dated 19.12.2024. 2. Briefly stated, this Court vide order dated 15.07.2025 stayed the coercive action in the underlying execution petition Ex. No. 24/2025 titled “Jai Shree Gupta v. Danish”, subject to the deposit of 50% of the decretal amount to be made by the petitioner/defendant, with the learned Executing Court. The relevant portion of the said order is reproduced hereunder: 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 07/09/2026 at 12:09:13 “9. When asked, it was informed that the execution petition has already been filed and the petitioner herein, without prejudice to his rights and contentions, is ready to deposit 50% of the decretal amount with the learned Executing Court within two weeks from today. 10. Therefore, let no coercive process be taken in the abovesaid execution petition from a period of two weeks from today. However, if 50 % of decretal amount is not deposited before the learned Executing Court within two weeks from today, learned Executing Court would be at liberty to proceed further with the Execution in accordance with law.” 3. At this stage, it is being informed that the parties are ad idem on the terms of settlement and pray that the present petition be disposed of on such terms thereof. 4. It also is being informed by the parties, that in compliance with the aforesaid order of this Court, the petitioner has deposited 50% of the decretal amount before the learned Executing Court. 5. The learned counsel appearing for the respondents, on instructions, submits that the respondents have no objection if the present petition is allowed and the impugned judgment and decree dated 19.12.2024 as well as the impugned order dated 29.05.2025 are set aside, and the suit is restored; to be adjudicated on merits. The aforesaid statement coming on instructions is hereby taken as an undertaking. 6. The learned counsel for the respondents further undertakes before this Court, that in view of the setting aside of the decree and the revival of the suit, the respondents shall forthwith withdraw the execution proceedings bearing Ex. No. 24/2025 titled “Jai Shree Gupta v. Danish”, pending before the learned Executing Court. 7. It also prayed by the learned counsel for the respondents that 50% of the decretal sum, already deposited by the petitioner before the learned 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 07/09/2026 at 12:09:13 Executing Court be released in favour of the respondents. 8. In view thereof, the impugned order dated 29.05.2025 as well as the judgment and decree dated 19.12.2024 are hereby set aside. The civil suit bearing CS 326/24 titled “Jai Shree Gupta v. Danish” stands restored and the petitioner is permitted to contest the suit on merits. The execution proceedings in Ex. No. 24/2025 titled “Jai Shree Gupta v. Danish” stand closed as withdrawn, in terms of the undertaking given by the learned counsel for the respondents. 9. However, this Court deems it appropriate not to pass any order with respect to the release of the amount deposited by the petitioner. The said issue may be decided by the learned Trial Court in accordance with law, as and when an appropriate application in that regard is moved by either of the parties. 10. In view of the above, nothing survives in the present petition. 11. Accordingly, the present petition along with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J SEPTEMBER 2, 2026/ar/as 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 07/09/2026 at 12:09:13