Sunil Mohan & ANR. v. Anil Pershad & ORS.

$~8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EX.P. 18/2017 SUNIL MOHAN & ANR.

..... Decree Holders Through :

Mr. M. A. Niyazi, Adv. with Mr. Manish Kumar, Adv.

versus ANIL PERSHAD & ORS.

..... Judgement Debtors Through :

Mr. Uttam Datt, Adv. for JD Nos. 1-6 Mr. Mahipal Singh Rajput, Adv. for JD No.8.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 24.05.2018 1.

In view of the judgment delivered by a Full Bench of this Court in the case of Indu Singh and Anr. Vs. Prem Chaudhary and Ors. in O. REF. 2/2018 in CS (OS) 1098/2005, decided on 11.5.2018, this execution petition for execution of a final decree for partition would not be maintainable unless the final decree for partition is stamped as per Article 45 of the Stamp Act, 1899.

2.

Accordingly, this execution petition is disposed of for the time being with liberty to any of the parties to revive the same on a final decree being prepared in accordance with law including by necessary stamping of the same.

VALMIKI J. MEHTA, J MAY 24, 2018/SRwt