Appeal against dismissal of Order 21 Rule 58 CPC objections to an execution petition. Counsel conceded the impugned order amounts to a decree appealable under Section 96 CPC and sought withdrawal. Appeal dismissed as withdrawn with liberty to file afresh under the appropriate provision.
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KANWAR SINGH SAINI SINCE DECEASED THROUGH LRS
.....Appellant Through: Mr. Ajay Verma, Sr. Advocate with Mr. Nikhil Verma, Mr. Vivek Bhati and Mr. Armaan Verma, Advocates.
versus
MOHD. YUSUF .....Respondent Through: Mr. Rakesh Mishra, Advocate.
CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 08.09.2025
This is a digitally signed order.
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learned senior counsel submits that he shall withdraw the present appeal and file the same under the said provision of law.
SAURABH BANERJEE, J
SEPTEMBER 8, 2025 NA
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 10/09/2025 at 12:06:12
1 issue framed by the court
Whether an order dismissing objections under Order 21 Rule 58 CPC in an execution petition is appealable as a decree under Section 96 CPC?
2 provisions across 1 enactments
Kanwar Singh Saini since deceased through LRs
Mohd. Yusuf
Saurabh Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
