Delhi High Court - Orders
Sanjay Puri vs Lalit Puri on 19 September, 2025
Author: Amit Bansal
Bench: Amit Bansal
$~SB-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EFA(OS) 5/2021
SANJAY PURI .....Appellant
Through: Mr. Ishaan Chawla, Adv.
versus
LALIT PURI .....Respondent
Through: Mr. Lalit Gupta, Mr. Anmol Ghai
and Ms. Shreeyam Kedia, Advs.
CORAM:
HON'BLE MR. JUSTICE ANIL KSHETARPAL
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 19.09.2025 CM APPL. 59578/2025 [For seeking clarification of order dated 10.08.2021]
1. The present application has been filed by the Appellant under Section 151 of the Code of Civil Procedure, 1908 for seeking the clarification of the order dated 10.08.2021 [hereinafter referred to as "Impugned Order"] passed by a Coordinate Bench of this Court in EFA(OS) 5/2021 captioned Sanjay Puri vs. Lalit Puri.
2. Vide the Impugned Order, with the consent of the learned counsel representing the parties, following order was passed:
CM No.25307/2021 (for exemption)
1. Allowed , subject to just exceptions and as per extant Rules.
2. The application is disposed of.
EFA(OS) 5/2021 and CM 25306/2021 (for interim relief )
3. This appeal impugns the order dated 15th July, 2021 in Execution Petition No. 74/2020 and seeks appointment of a Court Official to execute necessary documents on behalf of the respondent and in favour of the appellant.
4. The Execution Petition aforesaid has been filed by the appellant, seeking 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 22/09/2025 at 23:50:34 execution of a decree dated 15th March, 2018 in CS (OS) No. 1999/2013, for partition of certain immovable and movable properties between the appellant and the respondent, who are brothers.
5. Without going into the aspect of maintainability of this appeal, we have attempted to understand the grievances of the parties, so as to bring about an amicable resolution.
6. We are told, (i) that the decree sheet has already been prepared and the parties have taken possession of their respective properties in terms of the decree; (ii) that out of certain monies in the joint account, though past dues with respect to two of the properties which have fallen to the exclusive share of the appellant, as agreed in the settlement in terms of which decree was drawn, have been paid off, but the past dues, especially to the Land and Development Office (L&DO), of a property at Rani Jhansi Road, ground floor whereof has fallen to the share of the appellant and first and second floors to the share of the respondent, have not been paid till now and there are no monies left in the joint account for meeting the said liability; (iii) that the said liability, as per the decree sheet, is to be shared equally by the appellant and the respondent; (iv) that the exact dues of the L&DO are not being learnt owing to the parties having not jointly applied for mutation of the Rani Jhansi Road property; (v) that the appellant requires the respondent to sign two No Objection Certificates (NOCs) for mutation of two of the properties which have exclusively fallen to the share of the appellant but the respondent has not signed the same; and, (vi) the respondent apprehends that the appellant, who has only the ground floor of the Rani Jhansi Road property, will not contribute his 50% share of the past dues thereof, leaving the respondent high and dry with respect to the only property which has fallen to his share i.e., first and second floors of the Rani Jhansi Road property.
7. After deliberations, including on pass over, it has been agreed between the parties as under:-
(i) That the appellant, on or before 20th August, 2021, shall execute and deliver to the respondent a Power of Attorney with respect to the Rani Jhansi Road property, draft whereof shall be forwarded by the counsel for the respondent to the counsel for the appellant on or before 13th August, 2021, empowering the respondent to represent the appellant, whether in documents or personal appearance, before the L&DO and other Governmental agencies for the purposes of mutation of the lease hold rights in land underneath the said property jointly in the name of appellant and respondent and/or for mutation of the ground floor of the said property in the name of the appellant and of the first and second floors of the said property in the name of the respondent.
(ii) That the respondent shall on or before 20th August, 2021 hand over to the appellant, the NOCs desired by the appellant and the draft 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 22/09/2025 at 23:50:34 whereof is stated to have already been handed over to the respondent and also execute and deliver to the appellant a power of attorney in favour of the appellant, as per draft to be furnished by counsel for the appellant to the counsel for the respondent on or before 13th August, 2021, empowering the appellant to have mutation/transfer of the two other properties which in the partition decree aforesaid have fallen to the exclusive share of the appellant, in the name of the appellant.
(iii) That on the respondent intimating to the appellant, the dues of L&DO or other Governmental agencies with respect to the Rani Jhansi Road property together with documentary proof thereof, the appellant shall pay his 50% share thereof and if does not pay the same within 15 days, the said share can be recovered from sale/auction of the ground floor of Rani Jhansi Road property and the respondent shall also be entitled to bid therefor and/or purchase the same.
(iv) The application for such sale shall be made in the pending Execution Petition only and no separate Execution Petition shall be required to be filed therefor.
(v) That the appellant's share of the said dues including misuse charges, if any, shall be the first charge on the ground floor of Rani Jhansi Road property.
(vi) Till the said charge is satisfied, the appellant shall not deal with the ground floor of the Rani Jhansi Road property in any manner whatsoever and shall not agree to sell or create any other rights in the said property and not part with possession thereof.
8. The senior counsel for the appellant under instructions states that the ground floor of the Rani Jhansi Road property is free from all encumbrances and has not been encumbered in any way whatsoever by the appellant and the appellant is in vacant peaceful physical possession thereof. 9. The settlement hereinabove recorded supersedes the order impugned in the appeal. If either the appellant or the respondent do not furnish the Power of Attorney/NOC which they have hereinabove agreed to furnish, the Court where the Execution Petition is pending shall be entitled to authorise any other person to execute the Power of Attorney on behalf of the defaulting party.
10. In terms of the above, the appeal is disposed of.
3. Learned counsel representing the Appellant/ Applicant submits that the restrained order as specified in Clause (vi) of the Paragraph No.7 of the Impugned Order cannot indefinitely continue. He further submits that as of now, there are no dues against the ground floor of property bearing No.3/4, 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 22/09/2025 at 23:50:34 Rani Jhansi Road, New Delhi - 110055 [hereinafter referred to as "suit property"], which is decided by the Respondent.
4. Learned counsel representing the Respondent submits that huge amount of dues are pending against the suit property in question and the Impugned Order passed with the consent cannot be modified.
5. Keeping in view the aforesaid position, the present Application is disposed of. However, liberty is granted to the Appellant/Applicant to file a fresh application after obtaining No Dues Certificate (NDC) in the requisite format from the Land and Development Officer (L&DO).
ANIL KSHETARPAL, J.
AMIT BANSAL, J.
SEPTEMBER 19, 2025 s.godara/rgk 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 22/09/2025 at 23:50:34