KARAN LUTHRA Vs. GOPAL KAMRA

JUDGEMENT

(1.) E .A. No. 440/2012 (U/s 151 CPC preferred by the decree holder) This application has become infructuous since the execution petition and the objections preferred by the judgment debtor have been heard today. The application stands disposed of. Ex.P. No. 118/2012 & E.A. No. 276/2012 (Under Order 26 Rule 9 CPC) and E.A. No. 675/2012(objections)

(2.) BY this order, I propose to dispose of the objections preferred by the judgment debtor to the present execution petition, which have been registered as E.A. No. 675/2012; and the decree holder's application under Order 26 Rule 9 CPC i.e. E.A. No. 276/2012 for appointment of a Local Commissioner for the purpose of execution of a sale deed in terms of the compromise decree in question dated 16.04.1998. I have heard learned counsels for the decree holder as well as the judgment debtor.

(3.) ON 29.03.2000, the judgment debtor Shri Gopal Kamra executed a General Power of Attorney in favour of the decree holder appointing the decree holder Shri Karan Luthra as his General Attorney in respect of the aforesaid property. The said General Power of Attorney was duly registered in the office of the Sub Registrar. This General Power of Attorney gave comprehensive powers to the decree holder to act on behalf of the judgment debtor in respect of the suit property, including the power to get the suit property converted from leasehold to freehold, and to sell the said property.