Akash Sharma v. Sanjay Kumar Jain

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 102/2019 & CMs 5388-93/2019 AKASH SHARMA ..... Appellant Through:

Mr. Bahar U. Barqi, Advocate.

versus SANJAY KUMAR JAIN & ANR.

..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 05.02.2019 1.

This appeal and all pending applications are disposed of as not pressed in view of the fact that since the appellant was not a party to the suit resulting in the impugned judgment and decree dated 27.11.2013, therefore, the remedy of the appellant would be to file objections in execution proceedings, and for which a complete procedure is provided in CPC from Order 21 Rule 97 to 106. In fact, Rule 101 of Order 21 CPC bars filing of a suit as all issues have to be decided in execution proceedings. 2.

Giving the aforesaid liberty, the appeal is disposed of as not pressed. VALMIKI J. MEHTA, J FEBRUARY 05, 2019/ib