Disposed

Smt Indra Devi Shandilya and Ors. v. Late Sh Ramesh Chand Sharma and Ors.

Delhi HC20 Aug 2024EX.P./73/2024

Case brief

AI extract

What is this about?

Petitioners filed execution petition as legal heirs of late Mahesh Chand Sharma from decree CS(OS) 714/2003. Court disposed of petition due to duplicative relief sought in another execution petition (EX.P. No. 74/2024) regarding same property, directing execution in the latter.

What did the court decide?

Execution petition disposed of; proceedings to be initiated in EX.P. No. 74/2024 for execution of common decree.

Smt Indra Devi Shandilya and Ors. Vs Late Sh Ramesh… — Execution and Attachment | Delhi HC (2024)

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$~33

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- EX.P. 73/2024 & I.A. 1292/2024

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SMT INDRA DEVI SHANDILYA AND ORS .....Decree Holders Through: Mr. Bhuvanesh Sehgal, Advocate

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versus

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LATE SH RAMESH CHAND SHARMA AND ORS

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.....Judgement Debtors Through: Ms. Shalini Kapoor, Ms. Divyanshi Saxena and Mr. Udit, Advocates

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CORAM:

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HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R

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% 20.08.2024

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This execution petition has been filed by the legal heirs of late Sh. Mahesh Chand Sharma. The said legal heirs are arrayed as Judgement Debtor No. 2 (i) to (iii) collectively. Learned counsel, who has filed this execution petition, states that it has been filed on the instructions of the Judgement Debtor No. 2. He states that the present execution petition arises out of the common decree passed in CS(OS) 714/2003.

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1.1. He states that the decree, which is subject matter of the execution is also common to execution petition EX.P. No. 74/2024 listed today. He states that the said execution petition arises out of the common decree passed in CS(OS) 2113/2001.

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1.2. He states that a common decree was passed in CS(OS) Nos. 2113/2001 and CS(OS) 714/2003.

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Learned counsel for legal heirs of late Sh. Ramesh Chand Sharma,

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EX.P. 73/2024 Page 1 of 2

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This is a digitally signed order. 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 27/08/2024 at 11:40:12

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who are arrayed as Judgment Debtor No. 1 (a) to (e) has entered appearance on advance notice.

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Both, learned counsel for the legal heirs of late Sh. Mahesh Chand Sharma and learned counsel for legal heirs of late Sh. Ramesh Chand Sharma agree that the reliefs sought in both these execution petitions are a duplication and therefore, the present petition be disposed of and the proceedings be initiated in EX.P. No. 74/2024.

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The statement of learned counsels is taken on record and they are bound down to the same. Without prejudice to the rights of the parties, this execution petition is disposed of in view of the filing of EX.P. No. 74/2024, which seeks identical relief qua the same immovable property. It is directed that the common decree dated 31.07.2012 and 07.08.2013 will be executed in EX.P. No. 74/2024.

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The pending applications stand disposed of.

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MANMEET PRITAM SINGH ARORA, J

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AUGUST 20, 2024 /rhc/AKT

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EX.P. 73/2024 Page 2 of 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 27/08/2024 at 11:40:12

Smt Indra Devi Shandilya and Ors. v. Late Sh Ramesh Chand Sharma and Ors.

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Smt Indra Devi Shandilya and Ors. v. Late Sh Ramesh Chand Sharma and Ors.

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