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2017 Supreme(Del) 1488
IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJIV SAHAI ENDLAW, J.
MANALI SINGHAL & ANR. - Decree Holders
Versus
RAVI SINGHAL & ORS. - Judgment Debtors
EX.P. No.209 of 2000, EA No.885 of 2012 & EA No.400 of 2016
Decided On : 16-05-2017
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.
Headnote:
Civil Procedure Code, 1908 - Section 151 - Execution - Moveable and immovable properties - Attachment of - Seventeen years after the institution of this execution petition - Adjudication claimed whether the residence which the JDs have been directed to provide to the DHs as agreed upon in the Family Settlement is to be an independent property or a flat therein - Question has been gone into at several stages - It is not open to the JDs to call upon this Court to adjudicate that they, in compliance of order under execution, are entitled to offer a flat to the DHs - Not only has the property been attached but proclamation of sale thereof ordered to be issued twice over and challenge thereto in appeals has failed - Settlement recorded in the Memorandum was of providing a residential house on ownership basis - Proclamation of sale as drawn up be immediately given effect to - Receiver already appointed to proceed to sell the property before the next date of hearing.
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)
2. This application was filed seeking a direction to the judgment debtors to disclose complete list of their movable and immovable properties and for attachment of the said properties.
3. Now that the attachment of one of the properties has been effected and the same has been ordered to be sold, this application is disposed of with liberty to the decree-holder to apply again if occasion therefor arises.
EA No.674/2000 (of the decree-holder for impounding the passport of the judgment debtors)
4. Dismissed as not pressed.
EA No.543/2001 (of the decree-holder under Section 151 CPC)
5. Vide this application sale of the farmhouse at Samalkha was sought. The same having already been ordered, this application has also become infructuous and is disposed of.
EA No.330/2008 (of the judgment-debtor no.1 for setting aside of the order dated 21st July, 2008)
6. The counsel for the judgment debtors have no idea of this application.
7. Dismissed.
EA No.529/2010 (of the judgment debtors under Section 151 CPC)
8. By this application, the judgment debtors sought dismissal of the execution with costs.
9. The counsel for the judgment debtors states that this application has been disposed of vide order dated 2nd July, 2012.
10. Be not shown in the cause list.
EA No.722/2012 (of the decree-holder under Sections 151 & 152 of the CPC)
11. By this application the proclamation order dated 29th August, 2011 was sought to be corrected.
12. The counsel for the decree-holder states that the application has become infructuous.
13. The application is disposed of.
EA No.742/2012 (of the decree-holder under Section 151 CPC)
14. By this application, the decree-holder sought a direction to the judgment debtors to deposit the sale deeds, of the farmhouse which was attached and ordered to be sold, in this Court.
15. The counsel for the judgment debtors states that all the sale deeds of the farmhouse which have been attached and ordered to be sold have been deposited in EFA(OS) No.30/2012 which has been disposed of.
16. This file as well as File of EFA(OS) No.30/2012 be put before the Joint Registrar on 29th August, 2016 at 1600 hours, on which date the parties will identify the sale deeds on the record of EFA(OS) No.30/2012 and the Registry is directed to make certified copies of the said documents / sale deeds and place the certified copies on record of EFA (OS) No.30/2012 and place the original sale deeds / documents on the file of this execution.
17. A copy of this order be also placed on the file of EFA(OS) No.30/2012.
18. With the aforesaid directions, the application is disposed of.
EA No.885/2012 & EA No.400/2016 (of the judgment debtors by way of objections to the execution)
19. The senior counsel for the decree holders and the counsel for the judgment debtors have been heard at length.
20. Though EA No.
