Harinder Singh & ORS v. Prahlad Rai Anand & ORS
$~6-7 * IN THE HIGH COURT OF DELHI AT NEW DELHI (6)+ EFA(OS) 9/2019 HARINDER SINGH & ORS .....Appellants Through:
Mr.Harpreet Singh, Mr.Rajesh Gupta, Advs. for A-1 along with appellant in person.
Mr.Rohit Kumar, Adv. for A-4,5,6,7.
versus PRAHLAD RAI ANAND & ORS .....Respondents Through:
Mr.Jatinder Kumar Sethi, Mr.Himanshu Sethi, Advs. for R-1A-1D Mr.Abhinav Sharma, Mr.Chaitanya Khaarbanda, Advs. for R-5.
(7) EFA(OS) 11/2019 NARESH ANAND (PREDECEASED SON) THR LRS & ORS .....Appellants Through:
Mr.Rohit Kumar, Adv. for A-2,3,4,5.
versus PRAHLAD RAI ANAND & ORS .....Respondents Through:
Mr.Jatinder Kumar Sethi, Mr.Himanshu Sethi, Advs. for R-1A-1D Mr.Abhinav Sharma, Mr.Chaitanya Khaarbanda, Advs. for R-5.
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CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 01.05.2025 CM APPL 25999/2025 in EFA(OS) 9/2019 1.
The learned counsel for the applicant prays for leave to withdraw the present application with liberty to move the same before the learned Executing Court.
2.
The application is dismissed as withdrawn with liberty as prayed for.
EFA(OS) 9/2019 & CM APPL. 25998/2025 EFA(OS) 11/2019 3.
These appeals have been filed challenging the Order dated 25.04.2019 passed by the learned Single Judge of this Court in EA No.38/2018 and EA No.396/2018 in Ex.P. No.10/2018, disposing of the said applications filed by the respondent nos.1(A) to 1(D) and the appellants herein, respectively.
4.
In the course of hearing, the learned counsels for the parties agree as under:
(i) The Impugned Order dated 25.04.2019 is set aside; (ii) The EA No.38/2018 and EA No.396/2018 in Ex.P. No. 10/2018 are restored back to their original number, to be adjudicated by the learned Single Judge on merit; (iii) We are informed that the Ex.P. No. 10/2018 is listed before the learned Executing Court on 24.07.2025. Let The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
these applications be listed before the Executing Court on the said date.
(iv) It is made clear that in the above EAs, the learned Single Judge would need to interpret the Agreement to Sell dated 19.05.2017 executed between the Plaintiff/Decree Holder on the one hand, and the Defendants/Judgment Debtors Nos.4(a) and 4(b) on the other;
(v) The two suits that have been filed subsequently by the persons who claim rights with respect to the Subject Property under the Agreement to Sell from the Defendants/Judgment Debtors Nos. 4(a) and 4(b) in their favour, that is, CS 620/2019 titled Harinder Singh v. Sangeeta Anand & Ors. and CS 261/2020 titled Narinder Kumar Arora & Ors. v. Sangeeta Anand & Ors. both pending before the Court of District Judge-02, West District, Tis Hazari Courts, Delhi, shall remain stayed during the pendency of the above applications, and the parties shall abide by the decision taken by the learned Single Judge/Executing Court on the above mentioned EAs;
5.
Since the above Suits have been stayed pending the outcome of the above applications, in such applications the learned Single Judge/Executing Court shall also hear the said persons who have filed the abovementioned Suits as also the EA No.396/2018 in Ex.P. No.10/2018.
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6.
The appeals, along with the pending applications, are disposed of in the above terms.
NAVIN CHAWLA, J MINI PUSHKARNA, J MAY 1, 2025 RN/SJ Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.