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Petition for detention of the JDR for obstruction of delivery

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar,
S/o Ramesh Kumar,
Hindu, aged about 35 years,
Businessman,
R/o 123, Green Park, New Delhi.

…Petitioner / Auction Purchaser

Vs.

Neha Sharma,

…Respondent No. 1 / Decree Holder (DHR)

Neha Sharma,

…Respondent No. 2 / Judgment Debtor (JDR)

Petition filed on behalf of the petitioner/auction purchaser under Sec. 74 and 151 of CPC

The petitioner respectfully submits as follows:

That for the reasons stated in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to:

  1. Order the arrest and detention of the JDR / Respondent No. 2, Neha Sharma, for having willfully obstructed the delivery of possession of the property purchased by the petitioner through court auction.
  2. Reissue a fresh delivery warrant to effect the delivery of possession of the property to the petitioner.
  3. Pass such other orders as the Hon’ble Court deems fit and proper in the circumstances and in the interest of justice.

Place: New Delhi
Date: 6th June 2025

Advocate for Petitioner

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Auction Purchaser / Petitioner

Vs.

Neha Sharma

…DHR / JDR

Affidavit

I, Arjun Kumar, S/o Ramesh Kumar, Hindu, aged about 35 years, businessman, residing at 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:

  1. I am the petitioner in this I.A. and the auction purchaser of the E.P. Schedule property. I am well acquainted with the facts of the case.
  2. I purchased the property through public auction conducted by this Hon’ble Court in Execution Proceedings, and the sale was confirmed. A sale certificate was issued in my favour.
  3. I filed an Execution Application seeking delivery of the said property, and a delivery warrant was issued accordingly.
  4. On reaching the site with the court bailiff to take delivery, Respondent No. 2 / JDR, Neha Sharma, resisted the court officer with forceful obstruction, thereby preventing the lawful execution of the delivery order.
  5. The obstruction was unlawful, without any legal justification, and amounts to willful disobedience of the orders of this Hon’ble Court.
  6. Hence, I respectfully request this Hon’ble Court to order the arrest and civil detention of the JDR, and reissue a delivery warrant so that possession can be handed over to me lawfully.

Otherwise, I will suffer irreparable hardship and loss.

Deponent
(Signature of Arjun Kumar)

Solemnly affirmed and signed before me after the contents were read over and explained in Telugu, and admitted by the deponent as true and correct, this the 6th day of June, 2025.

Place: New Delhi
Date: 6th June 2025

Advocate for the Petitioner