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High Court of DelhiEX.P./143/2013

Satyendra Jain v. M/S Omway Buildestate Pvtltd & ORS

2015-10-15Hon'Ble Mr. Justice A.K. Pathak2 pages

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EX.P. 143/2013 SATYENDRA JAIN ..... Decree Holder Through :

Mr. Jagdeep Sharma, Mr. Mishab Bin Taliq, Mohd. Amanullak and Mr.

Nadeem Khan, Advs.

versus M/S OMWAY BUILDESTATE PVTLTD & ORS ..... Judgement Debtors Through :

Mr. Anuj Bhandari, Adv.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.10.2015 I.A. No.695/2014 (u/S 39 CPC for transfer of execution petition and decree) By this application, the decree holder has prayed for transfer of decree dated 19th March, 2013 passed in CS(OS) No.47/2013 titled as Shri Satyendra Jain Vs. M/s. Omway Buildestate Pvt. Ltd. & Ors. for execution to the Court of District Judge, Alwar, Rajasthan. It is submitted that decree be transferred to District Judge, Alwar, Rajasthan, as most of the properties of the judgment debtors are situated within the jurisdiction of said Court. It may be noted that decree holder has filed this execution petition of money decree dated 19th March, 2013 passed by this Court. Since most of the properties of the judgment debtors, which are sought to be pursued in the

execution, are stated to be situated in the District Alwar, the decree is transferred to the Court of District Judge, Alwar, Rajasthan, under Section 39 of the Code of Civil Procedure, 1908. All the other pending applications are disposed of as infructuous and interim orders are vacated. Execution petition is disposed of in the above terms.

DASTI.

A.K. PATHAK, J.

OCTOBER 15, 2015 dk