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Petition for stay of E.P Proceedings

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
E.A. No. 07/2025 in E.P. No. 15/2025 in O.S. No. 1024/2024

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

…Petitioner / 3rd Party

Vs.

1. Neha Sharma
D/o Rajesh Sharma, Hindu, aged about 32 years,
Occupation: Private Employee,
R/o C-56, Lajpat Nagar, New Delhi.

…Respondent No.1 / Decree Holder (DHR)

2. Ramesh Kumar
S/o Late Hari Prasad, Hindu, aged about 62 years,
Occupation: Retired Government Servant,
R/o 123, Green Park, New Delhi.

…Respondent No.2 / Judgment Debtor (JDR)

Petition filed on behalf of the petitioner/3rd party under Or. 21 R. 59  and 151 of CPC

For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to stay the operation of the Execution Proceedings in E.P. No. 15/2025 in O.S. No. 1024/2024, till the disposal of the claim application filed by the petitioner, and to pass such other and further orders as this Hon’ble Court may deem fit and proper in the circumstances and in the interest of justice.

Place: New Delhi
Date: 06.06.2025

Advocate for the Petitioner

IN THE COURT OF THE CITY CIVIL JUDGE, NEW DELHI
E.A. No. 08/2025 in E.P. No. 15/2025 in O.S. No. 1024/2024

Neha Sharma

…Decree Holder (DHR)

Vs.

Ramesh Kumar

…Judgment Debtor (JDR)

Affidavit

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

  1. I am the 3rd party petitioner in the above E.A. and well acquainted with the facts of the case.
  2. I respectfully submit that the 2nd respondent/JDR, who is my father, executed a registered gift deed in my favour at the time of my marriage on 10.03.2022, conveying the E.P. schedule property as Pasupukumkuma. The said gift deed was duly registered in the office of the Sub-Registrar, New Delhi under Document No. 2345/2022 dated 10.03.2022.
  3. Ever since the execution of the gift deed, I have been in exclusive possession of the said property and have been paying property tax regularly to the competent authorities. The 2nd respondent has no right, title, or interest in the schedule property.
  4. The 1st respondent/DHR filed a suit on the basis of a pronote and obtained a decree against the JDR in O.S. No. 1024/2024. Subsequently, E.P. No. 15/2025 was filed and the said property—already gifted to me—was wrongly attached.
  5. I have filed a claim application under Order 21 Rule 58 CPC asserting my independent rights over the property. If the Execution Proceedings are not stayed pending disposal of my claim petition, I will suffer irreparable loss, as possession of the property may be forcibly taken away.
  6. I am herewith filing a copy of the registered gift deed and cist receipts to show my bona fides and ownership.

PRAYER

Hence, I pray that this Hon’ble Court may be pleased to:

  1. Stay the Execution Proceedings in E.P. No. 15/2025 till disposal of my claim application; and
  2. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interest of justice.

Deponent

Solemnly affirmed and the contents of this affidavit were read over and explained in Telugu to the deponent, who admitted the same to be true and signed/affixed his thumb mark in my presence on this the 6th day of June 2025.

Place: New Delhi
Date: 06.06.2025

Signature of the Deponent
Advocate