DELHI HIGH COURT
VIPIN SANGHI, REKHA PALLI
Jujhar Singh – Appellant
Versus
Hotz Industries Ltd. – Respondent
| Table of Content |
|---|
| 1. initial appeal and factual background. (Para 1 , 2 , 3) |
| 2. arguments concerning execution petition. (Para 4 , 5 , 6) |
| 3. court's observations on execution maintainability. (Para 7) |
| 4. interim arrangement for property usage. (Para 8) |
| 5. conclusion and orders by the court. (Para 9 , 10 , 11 , 12) |
JUDGMENT
Vipin Sanghi, J. (Oral)--The present appeal is directed against the order dated 06.08.2019 passed by the learned Single Judge, whereby, inter alia, the Execution Petition No.46/2018 preferred by the plaintiff/appellant to execute the order passed on an application under Order XXXIX Rules 1 & 2 CPC (being I.A. No.3865/2018) was rejected on the ground that the execution petition was not maintainable and was misconceived.
2. The order dated 20.03.2018 passed by the learned Single Judge may be reproduced. The same recites the background facts of the case:
"I.A.No. 3866/2018 (Exemption)
Exemption allowed subject to just exceptions.
I.A stands disposed of.
CS(OS) 114/2018 & I.A.No.3865/2018(U/o 39 Rules 1 and 2 CPC)
1. This is a suit for possession, mandatory and permanent injunction with respect to a portion of the property comprised in the main property bearing no. G-6, M
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