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2026 DAILYLAW 12224 (DEL)

NANK CHAND(SINCE DECEASED) THROUGH LRS. v. MR RAJ KUMAR VERMA

CM(M)/1472/2026 · 2026-07-17

Ajay Digpaul

body2026

Judgment text

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$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1472/2026 & CM APPL. 43986/2026 NANK CHAND(SINCE DECEASED) THROUGH LRS. .....Petitioners Through: Mr. Saurabh Sharma, Advocate along with P-3 in person versus MR RAJ KUMAR VERMA .....Respondent Through: Nemo CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 17.07.2026 1. The present petition has been filed under Article 227 of the Constitution of India, assailing order dated 10.12.2025, passed by the learned Civil Judge-02, South-East, Saket Courts, New Delhi, in Execution No. 851/2024, titled Nanak Chand (Since Deceased) v. Raj Kumar Verma, whereby the learned Executing Court, on the request of learned counsel for the respondent/defendant, granted an opportunity to the respondent to file objections to the decree 26.05.2015, on or before the next date of hearing, i.e. 04.02.2026. 2. The petitioners are the legal representatives of late Nanak Chand, who had instituted Eviction Petition No. 270/2009 against the respondent under Section 14(1)(e) of the Delhi Rent Control Act, 1958, qua suit premises. The petitioner being the absolute owner and landlord of the premises, had inducted the respondent as a tenant at a monthly rent of Rs. 300/-. The 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 20/07/2026 at 11:10:44 Eviction Petition was initiated due to the petitioner’s requirement of his own bona fide commercial and residential use of the suit premises. Thereafter, the aforesaid ground was pleaded in the eviction petition and the same was allowed by the learned Additional Rent Controller vide order dated 26.05.2015. 3. Thereafter in 2015, the respondent preferred a Revision Petition bearing No. 570/2015 before a learned Single Bench of this Court assailing the decree dated 26.05.2015, which came to be dismissed by this Court vide order dated 03.04.2024. The Execution Petition No. 851/2024, was instituted, subsequently by the petitioners for execution of the decree for eviction dated 26.05.2015, and the same remains pending before the learned Executing Court. 4. Learned counsel for the petitioners, assails the impugned order dated 10.12.2025 contending that the respondent was erroneously allowed to file objections to the decree dated 16.05.2015 on, or before 04.02.2026, and the learned Executing Court failed to consider that the respondent had already filed a Revision Petition bearing RC. Rev No. 570/2015 before this Court, challenging the decree dated 16.05.2015, which was dismissed vide order dated 03.04.2024, whereby this Court did not find any infirmity in the decree dated 16.05.2015 passed by the learned Additional Rent Controller. This Court while dismissing Respondent’s Revision Petition No. 570/2015 vide order dated 03.04.2024, observed that the learned Additional Rent Controller examined the size of the petitioners' family vis-à-vis the premises presently available to them which justified petitioners’ bona fide requirement for the suit premises. 5. Learned counsel for the petitioners also submits that, despite the 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 20/07/2026 at 11:10:44 respondent’s challenge to the decree dated 26.05.2015 having attained finality upon dismissal of the Revision Petition No. 570/2015 on 03.04.2024, the execution proceedings, initiated in 2024, remain pending, and no objections have been filed, nor adjudicated as on date. 6. Learned counsel for the petitioners further submits that, in absence of any direction by the learned Executing Court directing the respondent to vacate the suit premises, the petitioners are unable to utilise the suit premises for their intended purposes which were decidedly allowed in the eviction decree dated 26.05.2015. 7. In view of the pendency of the execution proceedings, the learned counsel appearing for the petitioner limits his prayer in the present petition to the extent that the matter may be directed to be heard and adjudicated expeditiously, within six months if possible, by the learned Executing Court. 8. In this regard, the learned counsel has supplemented the aforesaid arguments, by placing before the bench, the directions of the Hon’ble Supreme Court, passed in Periyammal (Dead) Through LRs & Ors. v. V. Rajamani & Anr. (2025) SCC Online SC 507, wherein the Hon’ble Court has, in paragraph 75 thereof, directed as under: “75. In view of the aforesaid, we direct all the High Courts across the country to call for the necessary information from their respective district judiciary as regards pendency of the execution petitions. Once the data is collected by each of the High Courts, the High Courts shall thereafter proceed to issue an administrative order or circular, directing their respective district judiciary to ensure that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side. Once the entire data along with the figures of pendency and disposal thereafter, is collected by all the High Courts, the same shall be forwarded to the Registry of this Court with individual reports.” 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 20/07/2026 at 11:10:44 9. Having heard the submissions made by the counsel appearing on behalf of the petitioners, this Court is of the view that the limited prayer of expeditious adjudication and disposal of the execution proceedings, initiated by the petitioners in 2024, may be considered in light of the aforesaid Hon’ble Supreme Court’s directions for expeditious disposal of executions petitions. 10. In view of the aforesaid, the prayer of the petitioners for a time-bound disposal of the execution proceedings is allowed. The learned Executing Court shall decide Execution Petition No. 851/2024, titled Nanak Chand (Since Deceased) v. Raj Kumar Verma, expeditiously, preferably within a period of six months from the date of receipt of a copy of this order. 11. With above directions, nothing survives in the present petition. 12. Accordingly, the present petition stands disposed of, along with pending applications, if any. AJAY DIGPAUL, J JULY 17, 2026 gs/os 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 20/07/2026 at 11:10:44