MS. ANITA SHAROHA & ANR v. BRAHAM PRAKASH SHAROHA & ORS

Delhi High Court · 06 Apr 2023 · 2023:DHC:2486
Tushar Rao Gedela
CM(M) 548/2023
2023:DHC:2486
civil other

AI Summary

The Delhi High Court directed the Executing Court to expeditiously decide the petitioner's application challenging the consideration of circle rates based on an unsupported handwritten application during execution proceedings.

Full Text
Translation output
Neutral Citation Number 2023:DHC:2486
CM(M) 548/2023
HIGH COURT OF DELHI
JUDGMENT
delivered on: 06.04.2023
CM(M) 548/2023 & CM APPL. 16448/2023, CM APPL.
16449/2023 MS. ANITA SHAROHA & ANR ..... Petitioner
versus
BRAHAM PRAKASH SHAROHA & ORS ..... Respondent
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA Advocates who appeared in this case:
For the Petitioner : Mr. Chandan Kumar Mandal and Ms. Harsha Rani, Advocates alongwith petitioners
For the Respondent : None
CORAM:
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)

1. After some arguments Ms. Sharoha, petitioner herein, submits that she would be satisfied in case the learned Executing Court is directed to take up the application filed by her on 22.03.2023 to be heard and disposed of at the earliest by the learned Executing Court. [ The proceeding has been conducted through Hybrid mode ]

2. Heard the submissions of Ms. Sharoha.

3. Without prejudice to her rights and contentions raised in the present petition, the learned Executing Court is directed to take up the Neutral Citation Number 2023:DHC:2486 CM(M) 548/2023 application filed by her on 22.03.2023 in respect of the objections raised against the consideration of the circle rates by the Executing Court on a mere hand written application filed by the decree holder, without even filing an affidavit in support thereof.

4. Ms. Sharoha submits that the application has not been decided and the auction proceedings are carrying on with haste.

5. In view of the aforesaid submissions, learned Executing Court is requested to take up the application filed by the petitioner on 22.03.2023 in respect of the aforesaid aspect and dispose of the same on or before 15.04.2023.

6. The petition and pending applications are disposed of in above terms.

7. A copy of this order be given dasti under the signatures of Court Master.

TUSHAR RAO GEDELA, J. APRIL 6, 2023