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[Cites 2, Cited by 0]

Delhi District Court

Savita vs Sameer Chandra on 1 April, 2024

                                                        Ex. 9/24
                                     Savita Vs. Sameer Chandra

01.04.2024

Present: None for DH.

Sh. Santosh Kumar, Sh. Madhrendra Sharma and Sh. Neeraj Dwivedi, Ld. Counsels for objector. Ld. Counsel for objector has filed an application u/o 21 Rule 29 CPC seeking stay of execution proceedings in civil suit no. 689/2018.

Notice of this application was issued to DH. However, none has appeared.

Ld. Counsel for objector has submitted that he had purchased this property by way of notarized documents i.e. Will, GPA, Possession letter, receipt dated 07.08.2013. He has submitted that by virtue of these documents, the objector is in the possession of the property. He has further asserted that he has filed a civil suit against the DH for setting aside the decree passed in civil suit no. 689/2018. He has submitted that there are simultaneously two proceedings pending in this court, one for execution of decree at the instance of DH and the other is the civil suit no. 603/23 filed at the instance of objector against the DH.

He has asserted that, in the meantime the order dated 01.02.2024 by way of which warrant of possession qua the suit property and warrants of attachment in respect of movable properties were issued be stayed till the NDOH, otherwise irreparable harm will be caused to him.

Cont....

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Submissions heard. Record perused. The order dated 01.02.2024 is stayed till NDOH.

Let fresh notice of the application filed u/o 21 Rule 29 r/w Section 151 CPC of the objector be issued to DH for the date fixed i.e. 05.04.2024.

Copy of this order be given dasti.

(AYUSH SHARMA) CIVIL JUDGE/EAST KKD COURTS/01.04.2024