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Delhi Race Club 1940 Ltd vs Bal Kishan Goel & Anr on 23 February, 2022

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~1 (2022 Cause List)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      CM(M) 107/2022 & CM APPL. 5420/2022 (stay)

                                 DELHI RACE CLUB 1940 LTD.                  ..... Petitioner
                                              Through: Mr. R.K. Sharma, with Ms. Preeti
                                                        Bhardwaj, Advocate.

                                                            versus

                              BAL KISHAN GOEL & ANR.                  ..... Respondents
                                            Through: Mr. Anil Sharma, Advocate for
                                                     R-2(9811006742)
                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                              ORDER

% 23.02.2022 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

1. The petitioner assails an order dated 24.02.2020 passed by the learned Civil Judge (West)-02, Tis Hazari Courts, Delhi in Misc. Execution No. 4/2020 [Delhi Race Club vs. Bal Kishan Goel].

2. The petitioner filed Execution No. 36/2005 before the learned Civil Judge, District Court, Tis Hazari Courts, for execution of a decree dated 13.08.1999 passed in Original Suit No. 70/1995. The petitioner was the plaintiff in the said suit and the respondent No. 1 herein was the defendant.

3. In the course of execution proceedings, objections were filed by the respondent No. 2.

4. By an order dated 27.09.2019 in the execution proceedings, the Executing Court noted that the suit was for possession of a property, i.e. Plot No. 4, adjacent to Gate No. 2, Delhi Race Course, Race Course Road, New Delhi ["the suit property"], which did not fall within the jurisdiction of the Court. The Executing Court, therefore, gave a direction for transfer of the decree to the court having territorial jurisdiction over the suit property, being the District and Sessions Judge, New Delhi District, Patiala House Courts, Delhi. The Executing Court directed issuance of a transfer certificate, and the same was also to be given dasti to the decree holder.

5. The decree holder thereafter made an application for transfer of the entire record of the execution proceedings to the transferee court, which was dismissed by the impugned order dated 24.02.2020. Mr. R.K. Sharma, learned counsel for the petitioner-decree holder, draws my attention to the provisions of Order XXI Rules 6 and 8 of the Code of Civil Procedure, 1908 ["CPC"] and Rule 5 of Chapter 12, Part B of the Rules of this Court relating to execution of decrees. He submits that the transfer of the decree, without the records of the objections and the responses filed thereto, would lead to an unnecessary prolongation of the execution proceedings in respect of a decree which was issued more than two decades ago.

6. Issue notice. Mr. Anil Sharma, learned counsel, accepts notice on behalf of the respondent No. 2. The respondent No. 1-judgment debtor may be served by all permissible modes, as also through learned counsel appearing on his behalf in the execution proceedings. Dasti service is also permitted.

7. In the meanwhile, the petitioner may file the transfer certificates in terms of the orders of the Executing Court dated 27.09.2019 and 24.02.2020 before the transferee court for appropriate proceedings in accordance with law. The aforesaid steps may be taken without prejudice to the rights and contentions of the parties in the present petition and notwithstanding the pendency of the present petition so that the execution proceedings are not further delayed.

8. Reply may be filed by the respondent No. 2 within two weeks.

9. List before the Joint Registrar on 09.03.2022 for completion of service and pleadings qua the respondent No. 1.

10. List before the Court on 28.04.2022.

PRATEEK JALAN, J FEBRUARY 23, 2022 'Bp'/ Signature Not Verified Digitally signed CM(M) 107/2022 Page 3 of 3 By:SHITU NAGPAL Signing Date:23.02.2022 19:09:23