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Petition to set aside the sale

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

Mr. Arjun Kumar,
S/o Ramesh Kumar,
Hindu, aged about 35 years,
Businessman,
Residing at 123, Green Park, New Delhi – 110016.

…Petitioner / Judgment Debtor (JDR)

Vs.

Ms. Neha Sharma,
D/o Mahesh Sharma,
Hindu, aged about 32 years,
Occupation: Businesswoman,
Residing at 45, Rose Enclave, New Delhi – 110014.

…Respondent / Decree Holder (DHR)

Petition filed on behalf of the petitioner/JDR under Sec. 47 and 151 of CPC

The Petitioner humbly states:

  1. The Respondent filed O.S. No. 1024/2024 on the file of this Hon’ble Court seeking ₹10,00,000/- based on an alleged promissory note.
  2. At the stage of filing my Written Statement, I had suffered a paralytic stroke and was bedridden for approximately six months at my son’s residence in Gujarat. Due to this, I was unable to attend court.
  3. Consequently, the matter proceeded ex parte, and a decree was entered in Respondent’s favour on 28.05.2025.
  4. Following the decree, the Respondent filed E.P. No. 23/2025, causing attachment of my immovable property (see annexed schedule) and moving for its sale. The sale was confirmed in favour of Respondent following permission under O.21 R.72(1)&(2) CPC.
  5. I subsequently filed I.A. No. 24/2025 to set aside the ex parte decree and for condonation of delay. After enquiry, this Hon’ble Court allowed both applications and set aside the ex parte decree on 06.06.2025.
  6. Since the court sale took place on 03.06.2025, during the pendency of the ex parte decree which was set aside, the sale is rendered void ab initio. Moreover, the Respondent appears to have acted in collusion—he and his associates purportedly participated in the auction, contrary to fair practice.
  7. This petition is filed under Section 47 CPC and ₹2/- court fee has been paid under Schedule II, Article 11(1)(ii) of the Court Fees Act.

Prayer

In view of the above, the Petitioner respectfully prays that this Hon’ble Court may be pleased to:

  1. Set aside the court sale dated 03.06.2025 in E.P. No. 23/2025;
  2. Award costs of this petition in favour of the Petitioner; and
  3. Pass such other orders as may be deemed fit in the interest of justice.

Place: New Delhi
Date: 06.06.2025

Advocate for Petitioner/JDR
(Signature)

Signature of Petitioner/JDR
Arjun Kumar
(Signed & Thumb-marked)

Declaration

I, Arjun Kumar, declare that the facts stated above are true and correct to the best of my knowledge, belief, and information.

(Signed) Arjun Kumar
Petitioner/JDR