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2017 Supreme(Del) 1488

RAJIV SAHAI ENDLAW
MANALI SINGHAL – Appellant
Versus
RAVI SINGHAL – Respondent


Advocates Appeared:
For the Decree Holders : Mr. Saurabh Kirpal, Mr. Deepak Singh Rawat and Mr. Santosh Sachin, Advs.
For the Judgment Debtors : Mr. Abhimanyu Bhandari, Mr. Tanmaya Mehta, Mr. Ankit Virmani, Mr. Rinkel Singh and Mr. Krishan Tewary, Advs.

JUDGMENT :

1. Execution is sought of the order dated 28th October, 1998 (in IA No. 11261/1997, IA No. 2634/1998 and IA No. 2635/1998 in CS(OS) No. 2583/1997) by attachment of moveable and immoveable properties of the judgment debtors (JDs) including rent yielded by the said properties, and sale thereof.

2. The execution petition, pending for the last more than 17 years, along with a number of applications filed therein came up before the undersigned on 24th August, 2016 when the following order was passed:-

“1. The counsel for the decree-holder states that this execution is of order dated 28th October, 1998 in CS(OS) No.2583/1997 and the aspect today for consideration is execution of Para 40 of the said order whereby the defendants / judgment debtors were directed to provide a residence to the plaintiff “as agreed upon in the family settlement dated November 04, 1994 (vide Clause 4), within two months” thereof. It is further stated that in the execution of the said para 40 of the order, the farmhouse of the judgment debtors at Samalkha was attached and has been ordered to be sold but the sale has not been effected as yet.

EA No.673/2000 (of the decree holder under Order 21 Rule 13 CPC)








































































































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