Sunil Gupta v. Vijay Sharma

32 CPC for appointment of court officer for sale of property) in Ex.P.No. 240/2013

1. On 31.7.2015 and 16.9.2015, this Court passed the following orders Order dated 31.7.2015 "1. The execution petition was for execution ofthe judgment and decree dated 27.8.2013 whereby the judgment debtor/defendant CS(OS) 118/2011 & EX.P. 240/2013 page 1 of[4] 2016:DHC:8588 S" Sh. Vijay Shaima had been directed to sell the suit property no.S-381, Lower Ground Floor, Greater Kailash, Part-I, New Delhi in favour of theplaintiff/decree holder intheCS(OS) 171/2010. 2- One Sh. Sunil Gupta had also claimed rights in the suit property as a mortgagee ofthe same.

3. Between the plaintiff/decree holder Sh. Harjinder Pal Singh in the execution petition and Sh. Sunil Gupta who filed the suit CS(OS) No.118/2011 there has taken place an agreed settlement which is recorded in terms of the signed agreement in the mediation centre on 13.3.2015. As per this settlement, the suitproperty is to be sold to a third party and consideration has to be divided in the ratio of 66%: 34% to Sh. Harjinder Pal Singh and Sh. Sunil Gupta. There are also other agreed terms of the settlement dated 13.3.2015 and counsel for the decree holder Sh. Harjinder Pal Singh and the plaintiff Sh. Sunil Gupta states that a buyer is ready and it is agreed thatthere can be transfer of the title to the buyer as a nominee of the decree holder Sh. Harjinder Pal Singh by exercise of powers by this Court under Order 21 Rule 32 of Code of Civil Procedure, 1908 (CPC) and sale deed can be got executed and registered by the Court Commissioner in favour of the buyerof the property.

4. Counsel for theparties state that they will bring the buyer as also details of the buyer and terms of sale in the Court on the next date of hearing. Therefore, it is directed that a draft sale deed signed by Sh. Harjinder Pal Singh, Sh. Sunil Gupta and the proposed buyer be brought to the Court onthenextdate ofhearing.

5. List for further proceedings on 16^^ September, 2015 the date already fixed." Order dated 16.9.2015 "1. Draft sale deed has been filed by the parties. There is also a purchaser ofthe property in terms ofthe sale deed namely Mr. CS(OS) 118/2011 &EX.P. 240/2013 page[2] of[4] \ Deepak Batham. It is stated that Mr. Deepak Batham needs approximately a period of 60 days to arrange the sale consideration for the suit property.

2. Accordingly, this matter is adjourned to 12^^ January,

2016. In case, Mr. Deepak Batham is able to arrange the sale consideration earlier, then parties can approach the Court earlier with an application, and at that stage, the draft sale deed will be finalized by the Court." 2- By these applications it is prayed that a Court Officer/Local Commissioner be appointed for execution of the sale deed in terms of the draft sale deed which has been filed in this Court and draft sale deed be typed on a stamp paper of requisite value. 3- Accordingly, let the draft sale deed be typed on a stamp paper ofrequisite value and Ms. Tanvi Misra, Advocate (Mobile No. 9818182162) is appointed as a Local Commissioner/Court Officer for the purpose of execution ofthe sale deed as a nominee ofthe decree holder and also for the purpose of appearing before the Sub-Registrar for registration of the sale deed. The Local Commissioner/Court Officer will be paid a fee of Rs. 50,000/-.

4. Local Commissioner/Court Officer appointed bythis Court will be given keys of the suitpremises bytheRegistry ofthis Court andLocal CS(OS) 118/2011 &EX.P. 240/2013 page[3] of[4] Commissioner/Court Officer will keep the keys in her custody and handover the same to the buyers Mr. Rakesh Kalra and Mrs. Anjali Kalra only onthe registration of the sale deed before the concerned Sub-Registrar. Original title documents oftheproperty lying inthis Court can betaken bythebuyers on filing of the application of the sale deed beingexecuted andregistered. LA and E.As are disposed of accordingly. CS(OS) 118/2011 & Ex. P. 240/2013

5. No further orders are required to be passed in the suit and the execution petitionwhichare accordingly disposed of FEBRUARY 08, 2016 ib CS(OS) 118/2011 & EX.P. 240/2013 VALMIKI J.MEHTA, J page 4 of[4]