Smt Pramila Devi v. Sh Braham Singh
Case brief
What is this about?
The Delhi High Court held that the question of encroachment is best left to be adjudicated by the subordinate court of appropriate territorial jurisdiction due to residence jurisdiction rules, transferring the proceedings to the District Judge, South-East.
What did the court decide?
Proceedings transferred to the Court of the District Judge (South-East), Saket Court Complex, New Delhi.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~14.
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- EX.P. No.5/2016, EA No.224/2016 (under Order 21 Rules 58 & 99 CPC) & EA No.225/2016 (under Order 21 Rule 99 CPC). PRAMILA DEVI ..... Decree Holder Through: Ms. Anjana Gosain, Adv.
- versus
BRAHAM SINGH ..... Judgement Debtor Through: Mr. Ankit Jain, Adv. for JD. Mr. Amiet Andlay and Mr. Arun K. Sharma, Advs. of Objector.
CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
- O R D E R
- % 22.11.2016
- This order is in continuation of the earlier order dated 6th October, 2016.
- The counsel for the decree holder and the counsel for the objector Mr. Ravinder Singh state that Notification under Section 507 of the Delhi Municipal Corporation Act, 1957 has been issued with respect to the subject area.
- It is also stated by the counsel for the decree holder that the colony in which the property is situated has been issued a certificate of provisional regularisation. She has handed over in the Court list of documents with documents and which is taken on record and containing a certificate of provisional regularisation.
Issues for consideration
2 issues framed by the court
Whether the question if the executed wall encroaches upon the objector's land can be decided in the execution proceeding or requires a separate legal proceeding.
Whether an execution proceeding regarding a decree below the enhanced pecuniary jurisdiction of the High Court lies with the High Court or the subordinate court.
Parties & counsel
- petitioner
Pramila Devi
- respondent
Braham Singh
Coram
Rajiv Sahai Endlaw
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court