Kavita Mishra v. Queen Marys School & ANR

$~18.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. No.162/2016 KAVITA MISHRA ..... Decree Holder Through:

Mr. Om Prakash Mishra, Adv.

versus QUEEN MARYS SCHOOL & ANR ..... Judgment Debtors Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 21.12.2016 EA No.851/2016 (for exemption).

1.

Allowed, subject to just exceptions.

2.

The application stands disposed of.

EX.P. No.162/2016.

3.

Execution under Order XXI of the Code of Civil Procedure, 1908 (CPC) is sought of an order in a writ petition.

4.

The counsel for the decree holder is unable to satisfy how this execution petition is maintainable.

5.

Under Order XXI of the CPC only decrees/orders in suits, or Arbitral Awards made executable as a decree by virtue of provisions of Arbitration & Conciliation Act, 1996 are executable and not orders in writ petitions under Article 226 of the Constitution of India.

6.

The petition is thoroughly misconceived and is dismissed with costs of Rs.5,000/- payable to the Delhi High Court Bar Association Lawyers' Social Security and Welfare Fund, New Delhi as a pre-condition to the decree holder taking any further steps for enforcement of the order claimed by the decree holder in her favour.

RAJIV SAHAI ENDLAW, J DECEMBER 21, 2016/'pp'..