Devi Singh (Deceased Thr Lrs) & ORS v. Mahesh Chand (Deceased Thr Lrs & ORS

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 112/2017 & CM Nos.3616-17/2017 DEVI SINGH (DECEASED THR LRS) & ORS ..... Petitioners Through Mr.Ravi Gupta, Sr.Advocate with Mr.S.Mukhersee & Mr.Yogendra Kumar, Advocates versus MAHESH CHAND (DECEASED THR LRS & ORS..... Respondents Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 01.02.2017 CM No.3617/2017(exemption) Allowed subject to all just exceptions.

CM(M) 112/2017 & CM No.3616/2017(stay) The learned senior counsel appearing for the petitioners submits that the executing court had issued warrants of possession and the matter is fixed for 10.02.2017. He submits that the stay application filed by the petitioners has been dismissed not on merits but on the ground that the petitioners have failed to deposit the arrears of mesne profits/ decreetal amount. He further submits that the petitioners are willing and shall deposit the arrears of mesne profits/ decreetal amount within two weeks from today. Accordingly, in view of the above, one opportunity is granted to the petitioners to file a fresh application for interim order before the concerned appellate court. In case, any such application is filed, the appellate court is

requested to deal with the same on an urgent basis ignoring the order dismissing the injunction application and also keeping in view the fact that the execution is returnable for 10.02.2017.

With the above directions, the petition stands disposed of. A copy of this order be given dasti under the signature of the court master to the petitioners.

JAYANT NATH, J.

FEBRUARY 01, 2017/v