Nageswara Chenulu v. Mrs. Nirmala Natraj & ORS.

$~11.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 6/2019 NAGESWARA CHENULU ..... Decree Holder Through:

Mr. Sanjeev Kumar, Adv.

versus NIRMALA NATRAJ & ORS.

..... Judgement Debtors Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 24.01.2019 EA No.22/2019 (for exemption).

1.

Allowed, subject to just exceptions.

2.

The application stands disposed of.

EX.P. 6/2019.

3.

Execution is sought of an order dated 12th August, 2013 in Test. Cas. No.16/2016.

2.

The order aforesaid is an order on the application for recall of the earlier order dated 29th April, 2010 granting Letters of Administration in respect of the estate of Mani Subramanyan. Vide the said order, provision was made as to the distribution of amount claimed to be due to the deceased from the respondent no.9 Reliance Engineering Associates (P) Ltd. 3.

Direction in this Execution is sought to the respondent no.9 to distribute the amount in terms of the order.

4.

Letters of Administration only entitle the persons to whom it is granted, to receive and collect debts due to the deceased and if any of the debtors of the deceased does not comply, to sue the said debtor. The order granting Letters of Administration is concerned only with the suitability of EX.P. 6/2019

the person who is seeking Letters of Administration and does not adjudicate any claim of the estate of the deceased qua the claimed debtors of the deceased.

5.

The Execution is thus misconceived.

6.

The counsel for the petitioner/decree holder is unable to state anything.

Dismissed.

RAJIV SAHAI ENDLAW, J JANUARY 24, 2019 'pp'..

EX.P. 6/2019