Anand Seth v. Vijay Kumar Kapur and Ors.

Delhi High Court · 01 Oct 2015 · 2015:DHC:8264
Hima Kohli
EX.P. 417/2014
2015:DHC:8264
civil other

AI Summary

The court permitted parties to jointly identify a buyer and sell the suit property as per decree, disposing of the execution petition with liberty to file afresh if cooperation fails.

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HIGH COURT OF DELHI
EX.P. 417/2014
ANAND SETH ..... Decree Holder
Through: Mr. Amit Sood and Mr. Abhijeet Negi, Advocates.
VERSUS
VIJAY KUMAR KAPUR AND ORS .....
JUDGMENT
Debtor
Through: Mr. Anshu Mahajan, Advocate for JD-6.
Mr. Vikas Aggarwal, Advocate for JD-7.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 01.10.2015

1. The Mediator has submitted a report of non-settlement. Counsels for the parties state that the parties are jointly making efforts to identify a prospective buyer of the suit premises but due to the current slump in the market, they have not been able to do so. They state that instead of pursuing the present petition, they may be permitted to take joint steps to identify a prospective buyer of their own and on disposing of the suit premises, share the sale proceeds in terms of the judgment and decree dated 06.3.2014, passed in CS(OS) 596/2010. EX.P. 417/2014 2015:DHC:8264

2. In view of the submissions made hereinabove, the present petition is disposed of.

3. Needless to state that if parties are unable to take joint steps for identifying a suitable buyer to purchase the suit premises or some unexpected hurdles are faced on account of non-cooperation by either side, then they shall be entitled to file a fresh petition for seeking execution of the judgment and decree, in accordance with law. HIMA KOHLI, J OCTOBER 01, 2015 mk/ap