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High Court of DelhiC.R.P./57/2023

Avanta Management Services India Pvt. Ltd. v. K.K. Agarwal (Deceased) Thr His Legal Heirs

2024-04-10Hon'Ble Mr. Justice Dharmesh Sharma2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 57/2023 & CM APPL. 10680/2023 AVANTA MANAGEMENT SERVICES INDIA PVT. LTD.

..... Petitioner Through:

Mr. Narender Singh and Mr.

Pranshu Dahiya, Advs.

versus K.K. AGARWAL (DECEASED) THR HIS LEGAL HEIRS ..... Respondent Through:

Mr. Rajat Aneja with Ms.

Chandrika Gupta, Advs.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 10.04.2024 1.

Learned counsel appearing for the petitioner requests for an accommodation so as to enable them to file the report of the Local Commissioner on the record.

2.

Mr. Rajat Aneja, learned counsel appearing for the LRs of the deceased respondent opposes the plea of adjournment. 3.

After hearing learned counsels for the parties, the long and short of the issues is that the petitioner/revisionist, who is a judgment debtor, is assailing the order dated 07.02.2023 passed by the learned ADJ-01, Patiala House Court, New Delhi, whereby the learned ADJ was pleased to appoint a Local Commissioner in order to identify and demarcate the suit property as per the original site plan of the 8th floor of the Statesman House, as issued by Ansal API, and hand over the possession of the same to LRs. of the respondent/decree holder. 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 16/04/2024 at 11:57:46

4.

It is acknowledged at the Bar that the commission has already been executed and the learned Local Commissioner has already filed a report before the Court, to which, no objections have been preferred by the petitioner/judgment debtor. Further, possession has been taken over by the respondents/decree holders.

5.

A bare perusal of the present revision petition would show that the only relief which is claimed is that the impugned order dated 07.02.2023 be set aside insofar as the learned Trial Court has appointed the Local Commissioner.

6.

The revision petition has become infructuous and the same is accordingly dismissed without prejudice.

7.

The pending application also stands dismissed. DHARMESH SHARMA, J.

APRIL 10, 2024/ck 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 16/04/2024 at 11:57:46