DALJEET SINGH Vs. JOHAR TOWERS PVT.LTD.

JUDGEMENT

(1.) By way of CM APPL. No. 47591/2022 filed under Order XLIII Rule 1A(2) of the Code of Civil Procedure 1908 ('CPC'), the appellant seeks recall of order dtd. 24/5/2012 made in the present proceedings, whereby the present regular first appeal alongwith RFA No.193/2003, were disposed-of as settled and satisfied in terms of the observations in that order; or, in the alternate, for modification of that order and a direction to the respondent to obtain a sanctioned building plan from the Municipal Corporation of Delhi ('MCD') alongwith the structural building certificate to comply with that order. By way of CM APPL. No. 34855/2023 filed under Sec. 151 CPC, the respondent seeks dismissal of CM APPL. No. 47591/2022 and modification of order dtd. 31/1/2023 passed by this court, whereby the respondent was directed to take steps for regularisation of property being the Third Floor of property bearing No. B-2/88, Safdarjung Enclave, New Delhi ('suit property').

(2.) Notice on CM APPL. No. 47591/2022 was issued on 9/11/2022. No formal notice was issued on CM APPL. No. 34855/2023 and vide order dtd. 12/7/2023, it was observed that this application would be considered alongwith CM APPL No. 47591/2022.

(3.) The record shows that vide order dtd. 12/7/2023, the delay of about 3717 days in filing CM APPL. No. 47591/2022 was condoned and further proceedings in the execution petition pending before the learned Additional District Judge, Saket District Court, New Delhi ('ADJ'), arising from compromise order dtd. 24/5/2012, were stayed by this court, until further orders.