IN THE COURT OF SHRI ANSHUL MEHTA, CIVIL JUDGE

(CENTRAL DISTRICT) TIS HAZARI COURTS, NEW DELHI

EXECUTION PETITION NO. 97642/2016

IN THE MATTER OF:

Goverdhan Dass … Decree Holder

Versus

Sanjay Gupta @ Sanjay Kumar Aggarwal … Judgment Debtor

INDEX

Sl. No. Particulars Page Nos.

1. Application under Section 151 CPC on
behalf of Decree Holder seeking
modification_________, alongwith affidavit
2. Annexure A-1

THROUGH:

ACHIN MITTAL
ADVOCATE
A-248, LGF, DEFENCE COLONY
NEW DELHI-110024
PH. NO.:- 011-40079832
MOB: +91-9811112729
NEW DELHI
DATED:
 IN THE COURT OF SHRI ANSHUL MEHTA, CIVIL JUDGE
(CENTRAL DISTRICT) TIS HAZARI COURTS, NEW DELHI

EXECUTION PETITION NO. 97642/2016

IN THE MATTER OF:

Goverdhan Dass … Decree Holder

Versus

Sanjay Gupta @ Sanjay Kumar Aggarwal … Judgment Debtor

APPLICATION UNDER SECTION 151 CPC ON BEHALF

OF DECREE HOLDER SEEKING ___________

RESPECTFULLY SHOWETH:-

1. That the present application is filed on behalf of the Applicant/

Decree Holder for seeking clarification and changing on the order

dated 13.12.2019 and the matter is still pending before the

Hon’ble Court.

2. It is respectfully submitted that the present execution petition is on

the basis of the decree dated 16.12.2010 whereby the court

directed specific performance of the agreement to sell for the

property bearing No. 13A, Subhash Park, Binda Pur, Matiala

Road, Uttam Nagar, Delhi.

3. That it is stated that there is agreement deed were executed on

28.06.2005 between the Judgment Debtor and the Decree Holder

whereas, the Judgment Debtor is the owner of the property in

question i.e. Plot No. 13/A, admeasuring 100 Sq. yds, out of

khasra no. 337, Bindapur now known as U-Block consisting of 3

shops.

4. That it is stated that the Decree Holder had purchased the corner

shop of two sides open measuring about 33 sq. yds. in lieu of a

 total sale of consideration of Rs. 60,000/-. It is further stated that

the Decree Holder had paid of Rs. 30,000/- to the Judgment

Debtor through cheque bearing no. 522347 Syndicate Bank,

Kamla Nagar, and Delhi-7 at the time of the signing the

Agreement Deed between the Judgment Debtor and the Decree

Holder.

5. That it is submitted that the balance amount of sale consideration

of Rs. 30,000/- shall be payable to the judgment debtor at the time

of execution and registration of Sale Deed/documents on or before

6th October, 2006. Therefore, up till now no execution of the sale

deed and the handing over the possession of the property is

delivered in favour of the LRs. of the Decree Holder.

6. That in light of the above, necessary actions have to be taken for

the execution of the sale deed and handling of the physical

possession of the property bearing no. 13A, Out of Khasra No.

337, measuring 33 sq. yds., Binda Pur, presently known U-Block,

Uttam Nagar, New Delhi in favour of the LRs. of the Decree

Holder.

7. That the present application is bonafide and is being made in the

interest of justice.

PRAYER(S):

In view of the aforesaid, it is most respectfully prayed that this

Hon’ble Tribunal may be pleased to:

a) Allow the present application to handing over the physical

possession of the property bearing No. 13A, Out of Khasra

No. 337, measuring 33 sq. yds., Binda Pur, presently known

 U-Block, Uttam Nagar, New Delhi in favour of the LRs.

Decree Holder.

b) pass any other order(s) which this Tribunal may deem fit in

the facts and circumstances of the case.

APPLICANT

THROUGH:

ACHIN MITTAL
ADVOCATE
A-248, LGF, DEFENCE COLONY
NEW DELHI-110024
PH. NO.:- 011-40079832
MOB: +91-9811112729
NEW DELHI
DATED:
 IN THE COURT OF SHRI ANSHUL MEHTA, CIVIL JUDGE
(CENTRAL DISTRICT) TIS HAZARI COURTS, NEW DELHI

EXECUTION PETITION NO. 97642/2016

IN THE MATTER OF:

Goverdhan Dass … Decree Holder

Versus

Sanjay Gupta @ Sanjay Kumar Aggarwal … Judgment Debtor

AFFIDAVIT

I, Rekha Gupta W/o. of Shri Vinod Gupta aged about 49 years

R/o. 269-L, Model Town, Panipat, Haryana-132103, presently at New
Delhi, do hereby solemnly affirm and declare as under:

1. That the deponent is the Applicant in the above noted case and is
well conversant with the facts thereof and competent to swear this
affidavit.

2. That I have gone through the contents of the accompanying

Application and the same has been drafted by the counsel under
my instructions and the contents of the same have been
understood by the deponent and I affirm on oath that the facts
mentioned therein are true to my knowledge and belief.

3. That the contents of the said Application be read and treated as

part and parcel of this affidavit as the same are not being repeated
for the sake of brevity.

DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of February, 2020, that the
contents of the affidavit are true and correct to my knowledge and belief.
No part of this affidavit is false. Nothing material concealed therefrom.

DEPONENT