Prahlad Rai Anand v. Shri Amar Nath Anand (Deceased) Through Lrs & ORS

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 52/2017 & EA No.238/2017 (for directions) PRAHLAD RAI ANAND ..... Decree Holder Through:

Mr. Jatinder Kumar Sethi, Adv.

Versus

AMAR NATH ANAND (DECEASED) THROUGH: LRS & ORS ..... Judgement Debtors Through:

Mr. K.K. Sharma, Sr. Adv. with Mr.

Rajesh Chhetri, Ms.

Meenakshi Rawat & Mr. Rajeev Chhetri, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 26.05.2017 1.

Execution is sought of a decree dated 16th May, 2016 in CS(OS) No.844/1999.

2.

While passing the decree, the Court has already appointed a Commissioner to sell the property of which sale is sought in this execution. 3.

I have enquired from the counsel for the decree-holder as to why the decree-holder has not approached the Commissioner for sale of the property. 4.

The counsel for the decree-holder seeks to withdraw the execution petition with liberty to take the appropriate steps. 5.

The senior counsel for the judgment-debtors No.4(a) and (b) states that the decree-holder has already agreed to sell his share in the property to judgment-debtors No.4(a) and (b).

6.

Dismissed as withdrawn with liberty aforesaid. EX.P. 52/2017

7.

It is clarified that the other reliefs claimed by the decree-holder, of the injunction against the judgment-debtors, are also not to be granted in execution and the decree-holder if so desires is at liberty to take the appropriate steps in that regard as well.

8.

It is further clarified that it will be open to the decree-holder to take appropriate pleas in the subsequent proceeding, of having not sold his share in the property.

RAJIV SAHAI ENDLAW, J MAY 26, 2017 'gsr'..

EX.P. 52/2017