Kamlesh Prakash & Anr v. Suraj Prakash Singh

Delhi High Court · 19 Mar 2015 · 2015:DHC:2631
Hima Kohli
EX.P. 257/2014
2015:DHC:2631
civil other

AI Summary

The Delhi High Court disposed of the execution petition after decree satisfaction, directing the Decree Holders to furnish title documents despite pending execution of a partition deed.

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EX.P. 257/2014
HIGH COURT OF DELHI
EX.P. 257/2014 and E.A. 168/2015
KAMLESH PRAKASH & ANR ..... Decree Holders
Through: Mr. Suhail Dutt, Sr. Advocate with Mr. Vineet Chaudhary and Mr. Saurav Roy, Advocates
VERSUS
SURAJ PRAKASH SINGH ..... Judgement Debtor
Through: Mr. Mukesh Vasta, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 19.03.2015
E.A. 238/2015 (by the Decree Holders u/S 151 CPC)
JUDGMENT

1. Mr. Suhail Dutt, learned Senior Advocate appearing for the Decree Holders states that the execution petition stands satisfied in terms of the orders dated 10.12.2014 and 24.12.2014. He submits that the case has been lingering thereafter only to enable all the parties to arrive at a comprehensive settlement by executing a partition deed between the Decree Holder No.2, her son, the Judgment Debtor and her daughter, Dr. Shweta Prakash, who is not a party in the present proceedings. It is stated that despite sincere efforts made by his client, neither the Judgment Debtor, nor Dr. Shweta Prakash have taken any step to execute the partition deed and therefore the 2015:DHC:2631 EX.P. 257/2014 Decree Holders do not wish to keep the present petition pending any further.

2. At this stage, learned counsel for the Judgment Debtor states that the Decree Holders have not furnished certified copies of the title documents of the Green Park property, in terms of the assurance given and recorded in the order dated 24.12.2014.

3. Counsel for the Decree Holders states that needful shall be done within two days.

4. Accordingly, the present application is allowed. The execution petition and the pending application are disposed of. HIMA KOHLI, J MARCH 19, 2015 rkb