Chander Mohan v. Balvinder Kaur

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1901/2024 and CM APPL. 9763/2024-stay on arrest, CM APPL. 9764/2024-stay CHANDER MOHAN ..... Petitioner Through:

Mr. Sarthak Maggon and Mr. Ritik Arora, Advs.

versus BALVINDER KAUR ..... Respondent Through:

Mr. Pankaj Gupta, Adv.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 19.02.2024 1.

It is submitted on behalf of the petitioner that an application under Section 151 of the Code of Civil Procedure, 1908 (CPC) has been moved before the learned Trial Court for recalling the order dated 26.08.2022 vide which the objections filed on behalf of the petitioner herein were dismissed by the learned Executing Court.

2.

It is submitted on behalf of the respondent herein that another application is moved by him for seeking issuance of warrants, which is also pending before the learned Trial Court. It is submitted that the aforesaid applications are listed before the learned Executing Court on 23.02.2024. 3.

The learned Executing Court is directed to hear the applications before it on the said date of hearing and to dispose of the applications preferably within one month.

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 21/02/2024 at 14:36:44

4.

In the meanwhile, till the disposal of the application under Section 151 of the CPC moved by the petitioner herein before the learned Executing Court, the impugned orders dated 02.02.2024 and 05.01.2024 are stayed. 5.

At this stage, it is pointed out on behalf of the respondent that the copy of the aforesaid application filed under Section 151 of the CPC has not been furnished, though it is disputed on behalf of the petitioner. A copy of the said application be furnished to the respondent within two days. 6.

The learned counsel for the petitioner, in view of the above directions, seeks permission to withdraw the present petition with liberty to move fresh petition, if required.

7.

The permission is granted to withdrawn with liberty as prayed for. 8.

The present petition stands disposed of.

SHALINDER KAUR, J.

FEBRUARY 19, 2024/aks 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 21/02/2024 at 14:36:44