This order dismisses an execution petition for non-prosecution. The court noted that the petitioner failed to appear after being notified via SMS, despite a related application under Section 152 CPC being listed only once without appearing.
The execution petition is dismissed for non-prosecution.
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.
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ASHA CHAUDHARY ..... Decree Holder
Through: None. versus
SUNITA PURI & ORS ..... Judgement Debtors Through: None.
CORAM: JUSTICE PRATHIBA M. SINGH O R D E R % 18.02.2019
“ Plaintiff has filed the present suit for partition and permanent injunction with respect to the properties situated at (i) A-113, Dayanand, Lajpat Nagar IV, New Delhi; (ii) A-114, Dayanand, Lajpat Nagar IV, New Delhi; and (iii) 2073-2074-2075, Ghhaparwala Kuan, 38, Naiwala Gali, Karol Bagh, New Delhi.
It is submitted by learned counsel for the plaintiff and defendants no.l to 4 that all the parties have 1/7th share, each, in the abovestated suit properties. It is further submitted that defendants no.5 and 6, who are the residents of United States of America and Sweden, respectively, have had no interaction with either of the parties, for the past many years and repeated steps have been taken to serve them but their service report is awaited. Thus, they are deemed to be served. Counsel for the parties next submit that it is not
possible to divide the aforestated suit properties by metes and bounds and pray that the present suit may be decreed defining the shares of the parties as l/7th each. Accordingly, as prayed, suit stands decreed defining the shares of the parties as 1/7th each.
I.A. 7159/2012 (STAY)
Application stands disposed of in view of the order passed in the suit.”
same, no one has appeared in the matter.
prosecution.
PRATHIBA M. SINGH, J.
FEBRUARY 18, 2019/ dk
2 issues framed by the court
Whether the execution petition ought to be dismissed for want of prosecution due to a pending majority application filed by the decree holder.
Whether the court can proceed with the execution petition after issuing notice to counsel and the consent decree failing to provide a court appearance.
1 provisions across 1 enactments
Asha Chaudhary
Sunita Puri
Prathiba M. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
