Aftab Malik & Ors. v. Shri Shyam Lal & Anr.
Case brief
What is this about?
Single judge set aside an order appointing a Patwari to fix property Khasra numbers in an execution proceeding. The court held the step was premature as the firmness of the decree was disputed due to fraud allegations, requiring the executing court to first hear objections from a non-impealed party.
What did the court decide?
Directing the executing court to hear and dispose of objections filed by the Petitioner before passing further orders.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 5th September, 2019
- CM(M) 702/2013, CM APPL. 10641/2013 & CM APPL. 6754/2016
AFTAB MALIK & ORS. ..... Petitioners Through: Mr. Neeraj Malhotra, Senior Advocate with Mr. M. N. Siddiqui, Mr. Aditya Gaur and Ms. Cassandra Zosangliani, Advoctes (M:9999397097)
versus
SHRI SHYAM LAL & ANR. ..... Respondents Through: Mr. Sher Afgon, Advocate for R-l (i). (M-9811650754)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)
- This is a petition filed challenging the order dated 25th April, 2013 by which the ld. ADJ has appointed a patwari to specify the Khasra No. in which the suit property falls. The said order reads as under:
Issues for consideration
3 issues framed by the court
Whether the appointment of a Patwari to specify the Khasra number of the suit property is premature without hearing objections regarding the collusive decree.
Whether the executing court must first adjudicate objections filed by a party not impleaded in the original suit before passing orders of execution.
Whether the trial court must examine the history of litigation involving fraud allegations before directing revenue officers to locate property.
Parties & counsel
- petitioner
Aftab Malik & Ors.
- respondent
Shri Shyam Lal & Anr.
Coram
Prathiba M. Singh
Case details
As recorded by the court registry
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