Delhi High Court - Orders
Subhash Arora vs Arun Dev Builders Limited & Ors on 27 January, 2026
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 4/2020
SUBHASH ARORA .....Decree Holder
Through: Mr. Sandeep Sharma, Sr. Adv. with
Ms. Kanchan, Ms. Somya Gupta and
Mr. Aditya Naiyar, Advs.
versus
ARUN DEV BUILDERS LIMITED & ORS......Judgement Debtors
Through:
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 27.01.2026 EX.APPL.(OS) 114/2026 (by LRs of Decree holder under Order XXII Rule 3 read with Section 151 CPC seeking substitution of LRs)
1. The present application has been filed seeking substitution of LRs of decree holder namely, Subhash Arora, who had passed away on 30.09.2020.
2. Mr. Sandeep Sharma, learned Senior Counsel appearing on behalf of the LRs of decree holder submits that the decree holder is survived by only two legal heirs namely, Shri Ankur Arora (son) and Smt. Rama Arora (wife).
3. The application is allowed.
4. Let amended memo of parties be placed on record.
5. The application is disposed of.
EX.APPL.(OS) 73/2026 (by LRs of Decree holder under Section 151 CPC seeking interim relief)
6. The present application has been filed seeking following reliefs:
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 30/01/2026 at 20:40:11 "a) Issue an ex-parte ad-interim order, staying the issuance of any Sale Certificate, confirmation of sale, or any further step towards finalizing the sale pursuant to the e-auction of property bearing No. F-1211, Chittaranjan Park, New Delhi conducted by Punjab & Sind Bank, Judgement Debtor No. 3 on 17.12.2025;
b) Direct all parties herein to maintain status quo in respect of the title, possession (both symbolic and physical/ actual) pending hearing and disposal of the present Interim Application and the main Execution Petition."
7. Issue notice to the non-applicants by all permissible modes. Dasti in addition.
8. Mr. Sharma has invited attention of the Court to the judgment dated 03.07.2019, whereby the suit of the decree holder for specific performance was decreed. He submits that the non-applicant i.e. judgment debtor no.3/Punjab and Sindh Bank was party to the suit.
9. He submits that vide said judgment, it was observed that the defendants shall get the property freed from mortgage, which was stated to be mortgaged with the said bank. Further liberty was also given to the plaintiff that in the event, the defendants do not get the property freed from mortgage within a period of three months and do not execute the sale deed, the plaintiff shall be entitled to negotiate with the mortgagee bank for settling the dues of the said bank.
10. The operative part of the directions contained in the judgment dated 03.07.2019 reads thus:
"13. xxx xxx xxx
(a) xxx xxx xxx
(b) If the Defendants do not get the property freed from mortgage within the said three months and do not so execute the Sale Deed, the Plaintiffs shall be entitled to 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 30/01/2026 at 20:40:11 negotiate with the mortgagee Bank for settling the dues of the said Bank; the mortgagee Bank is directed in this context to so deal with the Plaintiffs insofar as the mortgage of the property is concerned; and to after having the property freed from mortgage, have the Conveyance Deed of the said property executed in their favour through the process of the Court; in such eventuality, if the settlement amount to be paid to the mortgagee Bank is more than the balance sale consideration, the Plaintiff shall be free to institute proceedings against the Defendants for recovery of the excess amount so paid and in such an eventually, the Plaintiff shall also be entitled to withdraw the amount deposited in this Court together with interest accrued thereon and pay the same."
11. Mr. Sharma submits that after the decree was passed, the decree holder had made every effort to know the exact dues of the bank against the defendants/judgment debtors. However, the same were not intimated to the decree holder.
12. He submits that the applicants have come to know that the bank has sold the property to a third party through an auction but the sale certificate has not been registered.
13. In view of the above, the judgment debtor no.3/Punjab and Sindh Bank is directed to maintain status quo with regard to the property in question i.e. F-1211, Chittaranjan Park, New Delhi, till the next date of hearing.
14. Re-notify on 19.02.2026.
VIKAS MAHAJAN, J JANUARY 27, 2026/aj 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 30/01/2026 at 20:40:11