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High Court of DelhiEX.P./6/2018

Ms. Rukmani Anandani v. Mr. Umesh Kumar Anandani & ORS

2018-01-24Hon'Ble Mr. Justice Rajiv Sahai Endlaw1 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 6/2018 RUKMANI ANANDANI ..... Decree Holder Through:

Mr. Ankur Mohindro and Mr. Shikhar Kumar, Advs.

Versus

UMESH KUMAR ANANDANI & ORS ..... Judgement Debtors Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 24.01.2018 EA No.30/2018 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

EX.P. 6/2018 3.

Execution is sought of a final decree for partition of immoveable property by sale thereof. However, the petitioner/decree holder, instead of seeking sale of the property through court process, has in this execution petition sought that the parties be given an opportunity to sell the property. 4.

If the parties want to amicably/mutually sell the property, they have to do it themselves and if desire to execute the decree, have to seek sale of the property through the process of the Court and which has not been done. 5.

The execution is thus rejected.

6.

Needless to state that the petitioner/decree holder, if desires to execute, shall have liberty to apply again in accordance with law. RAJIV SAHAI ENDLAW, J.

JANUARY 24, 2018/bs..