O R D E R

10.12.2024 APPL. 72238/2024 (exemption)

Allowed, subject to all just exceptions.

The application stands disposed of.

CM(M) 4041/2024, CM APPL. 72236/2024 (Stay)

1. Petitioner seeks setting aside the order dated 23.12.2022 and 22.10.2024, passed by the District Judge (Commercial) Court in the case titled ‘Shailesh Jain Vs. Sanjay Sharma’ in Ex. No. 350/2021.

2. MCD executed a Conveyance Deed in respect of property bearing No. 74, Nimri Colony, Ashok Vihar Phase IV, Delhi in the name of one Sh. Sohan Lal. Upon his death, three legal heirs of Sh. Sohan Lal, including one Mr. Sanjay Sharma, relinquished their share in favour of remaining two legal heirs, from whom the present petitioner purchased the said property.

3. An Arbitration Award was passed against Sanjay Sharma for Rs. 22,69,820/- along with interest. During execution, learned District Judge issued Warrants of Attachment of the property in question.

4. Petitioner filed an application under Section 151 CPC, challenging the attachment order. Trial Court by an order dated 23.09.2022, directed the sale of remaining portion of the property and restrained the petitioner from alienating the first floor.

5. Trial Court order was c