Sangeeta Singh v. Kulvir Singh & ORS

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 904/2017 SANGEETA SINGH ..... Petitioner Through:

Mr. Narender Singh, Adv.

Versus

KULVIR SINGH & ORS ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 23.08.2017 CM No.30212/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

CM(M) 904/2017 & CM No.30211/2017 (for stay) 3.

This petition under Article 227 of the Constitution of India impugns the order [dated 27th January, 2017 in Ex.No.61561/2016 of the Court of Additional District Judge (ADJ)-08, West District, Tis Hazari Courts, Delhi] of issuance of notice of the execution petition filed by the respondent no.1 / decree-holder to the judgment debtors for 21st April, 2017. 4.

Mr. Narender Singh, Advocate for the petitioner has argued that the notice of the execution petition has been issued without a Court decree and the execution petition was thus not maintainable. 5.

However when it is enquired from Mr. Narender Singh, Advocate as to why the said objection cannot be taken before the executing Court in the execution petition, he does not answer. He also does not know as to what CM(M) 904/2017

happened in the proceedings on 21st April, 2017 or thereafter. Now he says that the petitioner was there in the executing Court on 21st April, 2017. 6.

The petition is thoroughly misconceived and is dismissed with cost of Rs.10,000/- to be deposited with the Delhi High Court Bar Association Lawyers' Social Security and Welfare Fund, New Delhi and proof thereof be furnished to the executing Court on the next date of hearing, as a condition for the petitioner to participate further in the execution proceedings.

7.

A copy of this order be forwarded to the concerned Court for intimation and compliance.

RAJIV SAHAI ENDLAW, J AUGUST 23, 2017 'gsr'..

CM(M) 904/2017