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Petition for stay of Execution pending another suit in between the DHR and JDR

IN THE COURT OF THE CITY COURT, NEW DELHI
E.A. No. 25/2025 in E.P. No. 19/2025 in O.S No. 1024/2024

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

…Petitioner / Judgment Debtor (JDR)

Vs.

Neha Sharma

…Respondent / Decree Holder (DHR)

Petition filed on behalf of the petitioner/JDR under Or. 21 R. 29  and 151 of CPC

The petitioner respectfully submits:

For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to stay the Execution Proceedings in E.P. No. 19/2025 pending disposal of O.S. No. 1010/2023 on the file of District Court, New Delhi, and to 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 / JDR

IN THE COURT OF THE CITY COURT, NEW DELHI
E.A. No. 25/2025 in E.P. No. 19/2025 in O.S No. 1024/2024

Neha Sharma

…DHR

Arjun Kumar

…JDR

Affidavit

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

  1. I am the Judgment Debtor in the Execution Petition and the petitioner herein. I am well acquainted with the facts of the case.
  2. I submit that the DHR has filed RCC No. 15/2024 before the Rent Controller, New Delhi for my eviction from the RCC schedule property. I am contesting that the DHR has no legal right to file the said RCC.
  3. In support of my contention, I have instituted a separate suit for Specific Performance of Contract in O.S. No. 1010/2023 on the file of the District Court, New Delhi, claiming that I purchased the said RCC schedule property from the DHR under an Agreement of Sale. The said suit is currently pending and is posted for trial.
  4. Meanwhile, the RCC filed by the DHR was allowed, directing me to vacate the property within 15 days. Based on this decree, the DHR has initiated the present Execution Petition seeking eviction.
  5. If eviction is carried out before the disposal of my pending civil suit, I will be put to irreparable loss and hardship. Therefore, it is just and necessary that the execution proceedings be stayed until the final disposal of O.S. No. 1010/2023.

Hence, I humbly pray that this Hon’ble Court may be pleased to stay the execution proceedings in E.P. No. 19/2025 pending disposal of O.S. No. 1010/2023 on the file of the District Court, New Delhi.

Else, I will be put to irreparable loss.

Deponent
(Signature/Thumbmark of Arjun Kumar)

Solemnly affirmed and the contents of this affidavit were read over and explained to the deponent in Telugu, and after understanding the same, he signed/thumbmarked before me on this the 6th day of June, 2025.

Place: New Delhi
Date: 6th June 2025

Advocate for the Petitioner / JDR