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2011 Supreme(Del) 1021

INDERMEET KAUR
Ram Karan Gupta – Appellant
Versus
Dayanand Gupta – Respondent


Advocates Appeared:
Mr. Maninder Singh and Mr. Sanjeev Sachdev, Sr. Advocates with Mr. Praveen Chauhan, Mr. Amol Sinha, Ms. Anshum Jain & Mr. Nitin Kaushik, Advocates for the Appellant.
Mr. Rajeev Mehra, Sr. Advocate with Mr S.A. Khan, Advocate for the Respondent.

Indermeet Kaur, J. (Oral)

1. These are two petitions which have been filed by the petitioner Ram Karan Gupta.

(i)

The first is Execution First Appeal No. 15/2011. This appeal has been directed against the impugned order dated 24.03.2011 vide which the Executing Court had disposed of the application filed by the auction purchaser under Order 21 Rules 94 & 95 of the Code of Civil Procedure (hereinafter referred to as the `Code') as also the objections filed by the objector/ judgment debtor namely Ram Karan Gupta and had directed that since the auction of the suit property dated 08.10.2010 has been confirmed, a sale certificate be directed to be issued in the name of the auction purchaser and necessary documents for the mutation of the said property had been given. Execution petition had been disposed of accordingly.

(ii)

The second petition is CM No. 1093/2011 which has assailed the order dated 09.08.2011 passed by the Executing Court whereby the application filed by the auction purchaser under Order 21 Rule 95 of the Code for delivery of the suit property in his favour for which an earlier order had been passed by the Executing Court on 24.03.2011 (impugned order in the Execution First A

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