Sh Shiv Narayan Bhardwaj & ANR v. M/S Raman Educational And Welfare Society & ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 55/2016 and EA (OS) 279/2016 and 280/2016 SH SHIV NARAYAN BHARDWAJ & ANR ..... Decree Holders Through: Mr. Lohit Ganguly, Advocate versus M/S RAMAN EDUCATIONAL WELFARE SOCIETY & ORS ..... Judgement Debtors Through: Mr. Ravinder Narwal, Adv. for JD-1 & 2 Ms. Smita Maan, Adv. for JD-3

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 21.11.2016 The order of which execution is sought through this court was passed on 12.02.2016 in CM (M) 1137/2015 which arose against an order passed by the court of Additional District Judge in civil suit no.96/2011 pending in that court.

On being asked the learned counsel for the execution petitioner submits that the civil suit in question is still pending trial before the court of Additional District Judge at Rohini. In this fact-situation, the trial court i.e. the court of the Additional District Judge where the civil suit is pending shall be the proper executing court. The learned counsel for the petitioner now fairly concedes to the above position and submits that he may be allowed to withdraw this execution petition with liberty to move the same before the court of Additional District Judge.

EX.P. 55/2016

The execution petition and the pending applications are, accordingly, dismissed as withdrawn with liberty as prayed for. R.K.GAUBA, J NOVEMBER 21, 2016 yg EX.P. 55/2016