Delhi High Court - Orders
Sh. Deepak Arora & Ors vs Smt. Kavita Arora & Ors on 24 August, 2022
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ EX.P. 56/2017 & EX.APPL.(OS) 3343/2022
SH. DEEPAK ARORA & ORS ..... Decree Holders
Through: Ms. Prerna Chopra, Advocate
(M:9810133536;email:kajalcha
[email protected])
versus
SMT. KAVITA ARORA & ORS ..... Judgement Debtors
Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 24.08.2022 EX.APPL.(OS) 3343/2022 (u/S 151 of CPC )
1. This is an application under Section 151 of CPC on behalf of the Decree Holders.
2. By way of the present application it has been submitted that the Decree Holders have filed the present execution petition against the Judgment Debtors for execution of the decree of partition in respect of the property bearing No. F-55 & F-56, Kohlapur Road, Kamla Nagar, Delhi-110007. By way of the final decree passed on 20.12.2016 and 24.01.2017, the Decree Holders were declared to be having 1/5 th share in the suit property. There were further directions that the aforesaid properties be sold and sale proceeds be distributed amongst the parties as per their respective share.
3. Pursuant to the aforesaid decree, the present execution petition has been preferred for execution of the decree dated 20.12.2016 and Signature Not Verified Digitally Signed By:PREETI Signing Date:01.09.2022 17:45:45 24.01.2017.
4. By way of Order dated 25.04.2022, this Court had directed the parties to pay their respective shares of the Stamp Duty on the basis of the Valuation Report submitted by the SDM (Burari), Govt. of NCT of Delhi. Thus, the parties were directed to deposit the Stamp Duty (e- stamp) amounts to Rs.5,00,163.12p./-
5. Against the Order dated 27.09.2019, Judgment Debtors No. 1 to 3 had preferred an appeal, being EFA (OS) no. 19/2019. The said appeal was disposed of by order of the Division Bench dated 16.12.2020, wherein there were directions that the Decree Holder may pay the share of the Judgment Debtors of the Stamp Duty on the decree. Further it was directed that Decree Holders shall be entitled to pay reimbursement from out of the sale proceeds of the property of the share of the Judgment Debtors along with interest @12% per annum from the date of payment and till the date of reimbursement.
6. Pursuant to the order dated 16.12.2020 passed by the Division Bench of this Court, the Decree Holders No.1 & 3 in addition to their part of the share have also paid the share of Judgment Debtors no. 1 to 5 amounting to a sum of Rs.1,00,000/-. Similarly the Judgment Debtors 6 to 14 have also paid the Stamp Duty (e-stamp) as per their share.
7. By way of the present application, the Decree Holders have sought directions that the Stamp Duty as deposited by the Judgment Debtors 6 to 14 and Decree Holders be taken on record.
8. In view of the submissions made before this Court, the present application is allowed to the extent that the Stamp Duty paid by the Signature Not Verified Digitally Signed By:PREETI Signing Date:01.09.2022 17:45:45 Decree Holders and Judgment Debtors 6 to 14 is taken on record. The Registry is directed to prepare the decree accordingly.
9. The present application is disposed of in the aforesaid terms.
EX.P. 56/201710. List before the Joint Registrar for further proceedings on 26.09.2022, the date already fixed.
MINI PUSHKARNA, J AUGUST 24, 2022 au Signature Not Verified Digitally Signed By:PREETI Signing Date:01.09.2022 17:45:45