Order 5

Order Details: COPY OF ORDER
Pdf Text: Ex No. 162/23
Arjun Vs. Shri Rohtash Singh Rana
27.10.2023
Present : DH with Ld. Counsel Sh. Kanti Prasad.
Sh. Ram Lal, Ld. Counsel for the JD.
Submissions heard on the objections. The main
objection of the counsel for JD with regard to the execution is
that the DH is not granted cost by the court in the impugned
judgment under execution but the JD has claimed the cost of Rs.
6,511/- under this execution wrongly to which he is not entitled.
It is also stated that the certified copy of the judgment and decree
dated 05.02.2019, for the amount of Rs. 75,000/- is not filed.
Ld. Counsel for DH submits that he has applied for
the certified copy of the said order of 05.02.2019, but the same is
not received. However, it is in the knowledge of the JD that such
a decree of Rs. 75,000/- is passed. Ld. Counsel for the JD admits
that such a decree is passed.
In view of these circumstances, let the DH file
certified copy within two weeks. The TCR be also summoned for
the next date. So far as the other ground of cost is concerned, the
DH has made a statement which is recorded separately that he
has wrongly included the cost of Rs. 6,511/- in his execution and
he undertake not to claim the said amount and his claim with
regard to the cost to the tune of Rs. 6,511/- be treated as dropped.
In view of this, the objections of the JD stands
disposed of and the claim of Rs. 6,511/- in the execution be
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deemed as dropped. DH to file certified copy within two weeks.
No payment is made by the JD. Ld. Counsel for the
JD seeks a week’s time to make the payment.
Put up for payment on 03.11.2023. JD is directed to
appear in person on the next date of hearing.
(RENU BHATNAGAR)
Principal District & Sessions Judge
Shahdara, KKD Delhi/27.10.2023
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