Order 10

Order Details: COPY OF ORDER
Pdf Text: 9 EX 2/24
RAM PRAKASH OJHA Vs. URMILA DEVI
06.12.2024
Present: Sh. Kailash Sharma, ld. Counsel for DH through
V/C.
Sh. Sanjay Garg, ld. Counsel for JD alongwith JD.
Applications filed under Order 47 Rule 1 r/w sections
114 and 151 CPC and Order 41 Rule 5 r/w section 151 CPC in
Miscellaneous no. 29/2024 have been dismissed.
Accordingly, let fresh warrants be issued against the JD
to remove the wall at CD shown in the site plan Ex. PW1/D1 between
the plots T-208 and T-209, Gali no. 1, Gautam Puri, Delhi, dividing
them into two plots of equal area of 175 Sq. Yds each which has been
constructed by the JD and issue warrant to permit the DH to
erect/construct a wall at point AB in the site plan Ex.PW1/D1 so that
the area of his plot bearing no. T-209, Gali No. 1, Gautam Puri, Delhi,
is completed to 175 Sq. Yds. as per judgment and decree dated
05.05.2011 in CS No. 753/07 titled “Kalawati & Anr. vs. Urmila Devi
& Ors.” passed by the Court of Sh. Saurabh Kulshreshtha, the then
CCJ/ARC (East), Karkardooma Court, Delhi.
Further, SHO concerned is directed to provide all due
assistance to the Bailiff and the DH for breaking open of locks on the
suit property as well as for removing construction of wall upon the
suit property and to take all necessary steps for the purpose of due
execution of the abovesaid warrants.
DH shall appear before the Learned ACJ, North-East for
appointment of bailiff on 20.12.2024 at 2:00 pm and before this court
on date already fixed i.e. 17.01.2025.
The bailiff shall enquire about any stay prior to carrying
out the execution.
Copy of this order sheet be annexed with said warrants.
(Saema Jain)
JSCC/ASCJ/G. Judge(N/E)
06.12.2024
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