Sanjay Kumar Bhatia v. State

#28 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 89/2013 SANJAY KUMAR BHATIA ..... Petitioner Through Ms. Esha Mazumdar with Mrs. Jyoti Kataria Bajaj, Advocates versus STATE ..... Respondent Through None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 23.10.2017 I.A. 12145/2017 Present application has been filed on behalf of the petitioner under Section 151 CPC for modification of the judgment dated 3rd October, 2016 passed in Test. Cas. 89/2013.

In the application it is stated that after passing of the aforesaid judgment, learned counsel for the petitioner approached the concerned Dealing Clerk to enquire about the computation of the court fees but the Dealing Clerk pointed out that there is no valuation report of the Plot No. A-13/6, area admeasuring 115 sq. yrds. out of Khasra No. 808 situated at Village Dindarpur, Delhi, now Colony known as Shyam Vihar, Phase II, Najafgarh, Delhi. Thereafter when the counsel for the applicant enquired with the applicant/petitioner, she was informed that the said property had

already been sold by the petitioner to one Duli Chand on 12th August, 2007, i.e., before the grant of Letters of Administration. Keeping in view the aforesaid averment, the Letters of Administration granted on 3rd October, 2016 is held confined to two immovable properties, i.e., Built Up property on an area of 100 sq. yrd. out of Khasra No. 602, 638 and 643 in the area of Village Basai Darapur, Abadi Sudershan Park Extn., Delhi now known as municipal no. C-706, Sudershan Park, New Delhi - 110 015 and plot no. 108, Sector 51 at Gurgaon measuring 171 sq. mtrs. With the aforesaid modification, present application stands disposed of.

MANMOHAN, J OCTOBER 23, 2017 rn