TEST.CAS./45/1995 of ASHIM KHURANA Vs THE STATE & ORS

Court: Delhi High Court
Decision date: 2019-03-11

Parties

ASHIM KHURANA (PETITIONER)
THE STATE & ORS (RESPONDENT)

Cites (1)

W.P.(C)/5193/2017 of ANAND GUTPA Vs DELHI DEVELOPMENT AUTHORITY & ANR. (2018)

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IN THE HIGH COURT OF DELHI AT NEW DELHI+TEST.CAS. 45/1995

ASHIM KHURANA

..... Petitioner

Through:None.

versus

THE STATE & ORS

..... RespondentsThrough:Mr. Avinash Sharma and Mr. MadhavDadhich, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULAO R R%11.03.2019

1. The present case was decided vide judgement dated 11[th]July 1997. Later,the executor sought permission of the Court to deposit sum of Rs. 40,000/-in this Court. The said application was disposed of vide order dated 8[th]May2002 in the following terms:

“By this application the executor seeks permission of this Courtto deposit in this Court sum of Rs. 40,000/-. In the applicationit is stated that despite best efforts the applicant has not been ableto pay the sum of Rs. 10,000/- to Shri Dayal Singh, servant of thedeceased and Rs. 30,000/- to Smt. Bhagyawati Devi, sister of thedeceased, as per the stipulation in the will dated 24[th]June 1992.In view of the circumstances explained in the application, theexecutor is permitted to deposit the said amount in this Court.The amount shall be kept in the CCD account.

The application stands disposed of.”

2. The matter was thereafter listed before the Court on 31[st]May 2018 as perOffice Note. Pursuant thereto, Court notice was issued to the parties and

also to the counsel contesting the matter when the judgment was passed on11[th]July 1997.

3. Thereafter on 3[rd]December 2018, it was noted that Respondent Nos. 1and 3 had expired. Counsel for the Respondent No. 2 submitted that theyhave no objection in case the amount of Rs. 40,000/- be deposited with thelegal aid cell of this Court. The Petitioner has also filed No ObjectionCertificate to this effect.The matter is placed before this Court fordirections. In view of the statement made by the Petitioner and RespondentNo. 2, the amount of Rs. 40,000/- vide order dated 8[th]May 2002, bedeposited before this Court with the Delhi High Court Legal ServicesCommittee.

4. In light of the above the case is disposed of along with the pendingapplications.

MARCH 11, 2019

SANJEEV NARULA, J