Sh. Kedar Nath Jhanb v. Sh. Manoj Kumar

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 913/2024 SH. KEDAR NATH JHANB .....Petitioner Through:

Ms. Anita Sahani, Adv.

versus SH. MANOJ KUMAR .....Respondent Through:

Mr. Sagar Suri, Adv.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 04.07.2024 1.

This hearing is being conducted through hybrid mode. CM APPL. 36753/2024 (Ex.) 2.

Allowed, subject to all just exceptions.

3.

The application stands disposed of.

CM APPL. 36752/2024 (For recalling of order dated 29.05.2024) 4.

This application has been moved on behalf of the applicant/respondent seeking recall of the order dated 29.05.2024 passed by this Court.

5.

Learned counsel for the petitioner is present on advance notice. 6.

Learned counsel for the applicant/respondent has suggested that since the execution proceedings are pending before the learned Executing Court with regard to the execution of the judgment-cumdecree dated 01.08.2022, it would be appropriate that the matter may be sent to the concerned court for resolving the disputes which has arisen between the parties.

7.

Learned counsel for the petitioner submits that she has no objection.

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 22/07/2024 at 15:42:50

8.

Learned counsel for the petitioner submits that although she is agreeable to the proposal put forth by the learned counsel for the applicant/respondent, however, she insists that let the present contempt petition be kept pending.

CONT.CAS(C) 913/2024 9.

In view of this Court, the present contempt petition itself is not maintainable since the reliefs, which are being sought, are in the nature of reliefs which emanate from the impugned judgment-cumdecree and clearly and plainly executable orders. 10.

The present contempt petition is disposed of with liberty to the parties to raise appropriate issues before the learned Executing Court. 11.

The order dated 29.05.2024 is hereby vacated. 12.

The next date of hearing i.e., 29.09.2024 stands cancelled. DHARMESH SHARMA, J.

JULY 04, 2024 sp 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 22/07/2024 at 15:42:50