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High Court of DelhiEX.P./314/2011

Kuldip Gandotra v. Shailendra Nath Endlaw & ANR

2016-02-02Hon'Ble Mr. Justice Valmiki J. Mehta2 pages

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EX.P. 314/2011 KULDIP GANDOTRA ..... Decree Holder Through:

Ms. Shraddha Bhargava, Adv.

versus SHAILENDRA NATH ENDLAW & ANR ..... Judgement Debtors Through:

Mr. Puneet Bhardwaj, Adv. for JD.

Ms. Pallavi, Adv. for DDA.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 02.02.2016 E.A.(OS) 1215/2015(for directions by DH) 1.

Since the challenge by means of this application is with respect to actions of the concerned authorities of charging higher stamp duty as per the case of the applicant/decree holder, this application will not lie in the present execution proceedings with respect to execution of a decree for specific performance, and accordingly, as prayed for, this application is allowed to be withdrawn with liberty to the applicant/decree holder to file independent proceedings to challenge the actions of the concerned authorities which as per the decree holder are illegal of charging excess stamp duty. Ex.P.314/2011

2.

Application is disposed of with the aforesaid observations. Ex.P. 314/2011 3.

No further orders are now required in the execution petition as the sale deed has already been executed in favour of the decree holder. VALMIKI J. MEHTA, J FEBRUARY 02, 2016 ib Ex.P.314/2011