Ex.F.A.No.33/2012 Page 1 of 4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Ex.F.A.No.33/2012

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13^th October, 2014

DELHI DEVELOPMENT AUTHORITY

......Petitioner

Through:

Mr. R.S. Mathur, Advocate.

VERSUS

M/S. HANS CONSTRUCTION CO.

...... Respondent

Through:

Mr. Indranil Ghosh, Advocate.

CORAM:

HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not? Yes

VALMIKI J. MEHTA, J (ORAL)

1.

This first appeal has been filed by the decree holder/DDA

challenging the impugned order dated 20.4.2012 by which the executing

court has dismissed the execution petition on the ground that the decree

obtained by the appellant/decree holder is a nullity inasmuch as Sh. Balwant

Jain, proprietor of the defendant firm M/s. Hans Construction Co., had died

on 5.11.2001 i.e before ex parte judgment and decree was passed on

9.1.2004 and hence the decree against a dead person is a nullity.

2014:DHC:5288

Ex.F.A.No.33/2012 Page 2 of 4

2.

By the ex parte