Kanwar Singh Saini Since Deceased Through Lrs v. Mohd. Yusuf

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 42/2025 & CM APPLs. 56242-44/2025 KANWAR SINGH SAINI SINCE DECEASED THROUGH LRS .....Appellant Through:

Mr. Ajay Verma, Sr. Advocate with Mr. Nikhil Verma, Mr. Vivek Bhati and Mr.

Armaan Verma, Advocates.

versus MOHD. YUSUF .....Respondent Through:

Mr. Rakesh Mishra, Advocate.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 08.09.2025 1.

By virtue the present appeal under Order 21 Rule 58 of Code of Civil Procedure, 1908 (CPC), appellant seeks to challenge the impugned order dated 04.08.2025, passed learned District Judge-02, South District, Saket, Delhi in execution petition no.200/2023, whereby the objections preferred by the Legal Representatives of the appellant herein, inter alia praying for rejection/ dismissal of the execution petition as being nonmaintainable, has been dismissed. 2.

On the issue of maintainability of the present appeal under Order 21 Rule 58 CPC, learned senior counsel for the appellant submits that since the impugned order dismissing the objection amounts to a decree, the same is appealable, though under Section 96 CPC. In view thereof, 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 10/09/2025 at 12:06:12

learned senior counsel submits that he shall withdraw the present appeal and file the same under the said provision of law. 3.

Therefore, in view of the submissions made by the learned senior counsel, the present appeal is dismissed as withdrawn with liberty to approach the Court under appropriate provision in accordance with law. SAURABH BANERJEE, J SEPTEMBER 8, 2025 NA 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 10/09/2025 at 12:06:12