Anju Gupta v. Praveen Kumar Gupta & Ors.

1. This appeal has been filed by the appellant, challenging the Order dated 18.03.2025 passed by the learned Single Judge of this Court in Execution Petition No. 104 of 2024, titled Praveen Kumar Gupta & v. Naveen Kumar Gupta & Anr., inter-alia appointing a Local Commissioner for taking the possession of 25% of the subject land and handover the same to respondent No.1, and the remaining 25% to be kept with the receiver.

NAVIN CHAWLA, J. (Oral)

2. The learned counsels for the respondent Nos. 1 and 2 submit that, without prejudice to the rights and contentions of the said EFA(OS) 6/2025 respondents, the Impugned Order be set aside and the matter be remanded back to the learned Single Judge for a fresh determination. The learned counsel for respondent No.3 submits that the said respondent, in fact, supports the submissions of the appellants to a certain extent.

3. Keeping in view the above, the Impugned Order dated 18.03.2025 is set aside. The matter is remanded back to the learned Single Judge to be determined afresh. The execution petition is restored back to its original number.

4. We are informed that an application filed by respondent No.1 is otherwise listed before the learned Single Judge on 03.07.2025. The parties shall appear before the learned Single Judge for further directions on the said date.

5. All contentions of all the parties are left open to be adjudicated. For any further directions from the learned Single Judge, the parties are at liberty to move appropriate applications. Till then, the parties shall maintain status quo on the subject property. The appeal is, accordingly, disposed of in the above terms.

6. The appeal, along with pending applications, is disposed of in the above terms.

NAVIN CHAWLA, J RENU BHATNAGAR, J MAY 19, 2025/pr/kz/VS Click here to check corrigendum, if any