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DELHI HIGH COURT
TUSHAR RAO GEDELA
Rakesh Kumar – Appellant
Versus
Vijay Kumar – Respondent
| Table of Content |
|---|
| 1. execution proceedings dropped due to settlement deed. (Para 1 , 2) |
| 2. supreme court's directive on possession enforcement and settlement deed considerations. (Para 3 , 4 , 5) |
| 3. direction to revive proceedings based on existing legal principles. (Para 6) |
| 4. conclusion with directives for further proceedings. (Para 7 , 8 , 9) |
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. Learned counsel for the Appellants assails the order dated 02.11.2022 whereby the learned Executing Court has dropped the execution proceedings on the ground that Clause 5 in the Settlement Deed precludes the Appellants from evicting the occupant on the subject plot except by way of recovery of possession in accordance with law.
2. Recording the aforesaid, the Executing Court has decided that the execution petition alongwith the applications have become infructuous and were disposed of.
3. Learned counsel for the Appellants submits that the impugned order as well as the observations made therein are in the teeth of the judgment of the Supreme Court in Shreenath and Anr. Vs. Rajesh and Ors., (1998) 4 SCC 543, rendered on 13.04.1998 whereby the Su
Executing Courts must adhere to Supreme Court directives and ensure actual possession is delivered while respecting conditions set forth in Settlement Deeds as per applicable law.
Executing Court has authority to adjudicate all questions pertaining to right, title or interest in property arising between parties including claim of a stranger who apprehends dispossession from im....
The jurisdiction to execute a decree for eviction under Section 13(1)(f) of the West Bengal Premises Tenancy Act, 1956 lies with the trial court that passed the decree, and not with the rent controll....
Stay of execution proceeding – Judgment and decree obtained by sole respondent in Eviction Suit cannot be denied on the ground of pendency of partition suit which is not pursued by petitioner.
The need for the Executing Court to consider objections filed under Order XXI Rule 99 of the CPC, 1908 before proceeding with execution proceedings.
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