Sanjay Singal & ANR. v. Bhai Manjit Singh & ORS.

$~10 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 530/2006 SANJAY SINGAL & ANR.

..... Plaintiffs Through:

Mr. Harish Malhotra, Sr. Adv. with Mr. R.K. Modi, Adv.

Versus

BHAI MANJIT SINGH & ORS.

..... Defendants Through:

Mr. Alok K. Agarwal, Adv.

AND EX.P. 113/2016 SANJAY SINGAL & ANR ..... Decree Holders Through:

Mr. Harish Malhotra, Sr. Adv. with Mr. R.K. Modi, Adv.

Versus

BHAI MANJIT SINGH & ORS ..... Judgement Debtors Through:

Mr. Alok K. Agarwal, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 20.01.2017 IA No.850/2017 in CS(OS) 530/2006 (of D-1&6 for clarification of the order dated 3rd February, 2015) 1.

The senior counsel for the plaintiffs/non-applicants appears on advance notice.

2.

Though the order dated 3rd February, 2015 is of Justice Indermeet Kaur and the application ought to be considered by the same Hon'ble Judge but the senior counsel for the plaintiffs/non-applicants fairly states that he has no objection to it being clarified that the decree passed on 3rd February, 2015 is against the defendants No.2 to 5 only and not against the applicants/defendants No.1&6.

CS(OS) 530/2006 & EX.P. 113/2016

3.

In this view of the matter, need to have the matter placed before Justice Indermeet Kaur is not felt.

4.

The application is allowed.

5.

It is clarified that the decree dated 3rd February, 2015 is against the defendants No.2 to 5 namely Mrs. Maheep Manjit Singh, Bhai Manjit Singh HUF, Mr. Vikramjit Singh and Mr. Mohanjit Singh and not against defendants No.1&6 i.e. Bhai Manjit Singh and Ms. Niyamat Singh. EA No.40/2017 in EX.P. 113/2016 (of JDs u/S 151 CPC) 6.

Accepting the undertaking of the counsel for the applicants/judgment debtors No.2 to 5 that the applicants/judgment debtors No.2 to 5 will appear before this Court on the next date of hearing, the bailable warrants ordered to be issued against the judgment debtors are recalled. 7.

The application is disposed of.

EX.P. 113/2016 8.

In view of the order passed above on the application of the applicants/defendants/judgment debtors No.1&6 in CS(OS) No.530/2006, the judgment debtors No.1&6 are deleted from the array of parties in the execution petition. An endorsement to the said effect be made by the Court Master on the Memorandum of Parties in today's date under his signature. 9.

On request of the counsel for the judgment debtors No.2 to 5, the date of 27th January, 2017 is cancelled.

10.

List on 7th February, 2017.

RAJIV SAHAI ENDLAW, J.

JANUARY 20, 2017 bs..

CS(OS) 530/2006 & EX.P. 113/2016