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2023 Supreme(Del) 5668

MANMEET PRITAM SINGH ARORA
Krishna – Appellant
Versus
Vinod Kumar – Respondent


Advocates appeared:
Mr. V. V. Singh, Advocate, for the Appellant; Ms. Savita Aggarwal, Advocate, for the Respondent.

JUDGMENT

Manmeet Pritam Singh Arora, J. - This petition impugns the order dated 31.05.2023 passed by the Civil Judge- II, (South-West) Dwarka Courts, Delhi in Ex. No. 728/22, titled as Vinod Kumar & Ors. v. Krishna & Ors. ('Executing Court') whereby the Executing Court dismissed the objections filed under section 47 read with section 151 of Civil Procedure Code, 1908 (CPC) by the Petitioners i.e., judgment debtors.

1.1. The Petitioners are original defendants and the Respondents are legal heirs of the original plaintiff in the civil suit. The parties are being referred to by their original rank and status in the suit proceedings.

1.2. The original plaintiff was the father of the defendant no.1 (his aughter). The defendant nos. 2 to 4 are the family members of defendant no.1 being her husband and two (2) sons.

1.3. The civil suit bearing suit no. 263/04 was filed by the original plaintiff late Shri Shiv Narayan, father of the defendant no.1 for recovery of possession of the room marked by letters D, E, F, G ('second room') in the site plan out of the property bearing No. RZ-36H, Harijan Basti, West Sagar Pur, New Delhi marked by the letters A, B, C, D ('entire property or suit property'

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