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2017 Supreme(Del) 2403

RAJIV SAHAI ENDLAW
NORTH DELHI MUNICIPAL CORPORATION – Appellant
Versus
HARI KISHAN – Respondent


Advocates Appeared:
For the Petitioner:Ms. Mini Pushkarna, Ms. Anushruti and Ms. Vasundhara Nayyar, Advs. For the Respondent: Mr. Vivek B. Saharya, Adv. Mr. Anurag Mathur, Adv.

JUDGMENT :

1. This petition under Article 227 of the Constitution of India impugns the order [dated 26th October, 2012 in Ex.No.305/08/02 of the Court of Additional Senior Civil Judge (ASCJ), (North), Tis Hazari Courts, Delhi] of dismissal of two applications filed by the petitioner/judgment debtor, both under Section 151 of the Code of Civil Procedure, 1908 (CPC).

2. The petition was entertained and notice thereof issued. On 9th April, 2013, the counsel for the respondent No.1/decree holder stated that he will not get the judgment and decree under execution executed. The said statement continues to bind the respondent No.1/decree holder. Resultantly, the execution proceedings before the ASCJ remain stayed.

3. The counsels have been heard.

4. The respondent No.1/decree holder, in or about the year 1993, instituted a suit against the petitioner/judgment debtor/Municipal Corporation of Delhi (MCD) for (i) declaration that the services of the respondent No.1/decree holder stood regularised since 1st May, 1981; (ii) for a direction to the petitioner/MCD to regularise the services of the respondent No.1/decree holder since 1st May, 1981; (iii) for a direction to the petitioner / MCD to pay

























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