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2019 Supreme(Del) 145

RAJIV SHAKDHER
BHAI BALBIR SINGH – Appellant
Versus
BHAI UPINDER SINGH – Respondent


Advocate Appeared:
For the Decree Holders :Mr. Adit S. Pujari with Ms. Kriti Awasthi and Ms. Surabhi Dhar, Advocates.
For the Judgment Debtors :Mr. Abhijat with Mr. Sujoy, Advocates, Mr. Jasmeet Singh with Mr. Srivats Kaushal, Advocates Ms. Priyanka Sharma Goswami with Ms. Anusuya Sadhu Sinha and Ms. Amrita Sharma, Advocates Mr. Sanjeev Mahajan, Advocate Mr. Gaurav Duggal with Mr. Mohit Seth, Advocates B & C. Ms. Malvika Trivedi, ASC with Mr. Pramod Sharma, Advocate

JUDGMENT :

RAJIV SHAKDHER, J.

EX. APPL. No.4/2019 (exemption)

1. Allowed, subject to just exceptions.

EX. APPL. (OS) No.46/2018 in EX.P. 92/2016

2. The substantive prayers made in the execution petition are as follows:-

(a) Direct the Judgment Debtors to handover physical possession of 337 square yard's to the Decree Holders, in the manner and to the extent as ' decided between the parties under Settlement Agreement dated 21.5.2010.

(b) Order the Judgment Debtors to pay further costs incurred by the Decree Holder in pursuing the execution of the award dated 03.05.2005 and order dated 04.09.2012 for compliance with the terms of the settlement deed dated 21.5.2010”

3. This execution petition has been going up and down. In fact, the record shows that the execution petition was disposed of by my predecessor vide order dated 24.11.2016. In that order, certain directions were issued for the purposes of execution of the subject decree. Upon an application being filed on behalf of Judgment Debtor (JD) no.2B for clarification (E.A. (OS) No.798/2016), an order dated 01.12.2016 came to be passed by the learned Single Judge.

4. The learned Single Judge dismissed the application as, according to him, wh







































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