Dismissed

Mohit Kawatra v. Prakash Kaur Gumber & Anr.

Delhi HC6 Aug 2024CM(M)/309/2020

Case brief

AI extract

What is this about?

Petition filed under Order XXI Rule 97 read with Section 47 CPC was dismissed as not pressed after counsel admitted the provision was wrongly invoked due to mistaken advice. Court granted liberty to file a proper objection petition before the executing court.

What did the court decide?

Liberty granted to file proper objection petition under appropriate law; interim order vacated.

Mohit Kawatra Vs Prakash Kaur Gumber & Anr. — Execution and Attachment | Delhi HC (2024)

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$~1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 309/2020 & CM APPL. 10315/2022 & CM APPL. 52651/2023

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MOHIT KAWATRA .....Petitioner

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Through: Mr. A.S. Juneja, Advocate

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versus

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PRAKASH KAUR GUMBER & ANR .....Respondent Through: Mr. Manmohan Singh Narula and Mr. Sarabjeet Singh, Advocates (Through VC)

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN

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O R D E R % 06.08.2024

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Respondents had filed suit against one Mohan Jain and though said defendant earlier submitted written statement but eventually, he was proceeded against ex parte.

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Respondent herein i.e. Smt. Prakash Kaur Gumber got a decree of possession with respect to the suit property situated in Village Seelam Pur Shahdara, Delhi-31 besides decree of recovery of arrears of rent/mesne profits.

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When the execution was filed, objection was filed by the Mr. Mohit Kawatra i.e. petitioner herein. Objection petition was filed under Section 47 CPC and when such objection petition was entertained by the learned Trial Court, it was dismissed holding that it was not maintainable under Section 47 CPC as the petitioner was not a party to the suit in question.

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CM(M) 309/2020 1

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:32:58

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During course of consideration, learned counsel for petitioner has, very fairly, stated that due to some mistaken advice, objection petition has been filed under wrong provision. He, therefore, submits that viewed thus, there is no illegality in the impugned order and, therefore, he does not press the present petition. He, however, states that he be given liberty to file proper objection petition under appropriate provision of law for redressal of his grouse and grievances.

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Needless to say, he is always at liberty to move any such objection petition before the learned Executing Court and for that, he does not even have to seek the liberty of this Court.

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In view of the above, present petition is dismissed as not pressed.

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Interim order, if any, stands vacated accordingly.

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MANOJ JAIN, J

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AUGUST 6, 2024/ dr

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CM(M) 309/2020 2

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:32:58

Mohit Kawatra v. Prakash Kaur Gumber & Anr.

Case brief

What is this about?

What did the court decide?

Mohit Kawatra v. Prakash Kaur Gumber & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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