BILLOO SINGH Vs. RATTAN SINGH & ORS

JUDGEMENT

(1.) This appeal under Section 10 of the Delhi High Court Act, 1966 read with Order XXI Rule 58 of the Code of Civil Procedure, 1908 ('CPC') impugns order dated 8. 12. 2016 passed by the Execution Court in Ex. P. No. 306/2014 and in EA No. 508/2016.

(2.) The appellant submits that the decree dated 17. 2014 in CS(OS) No. 61/2013 was a non-executable decree and hence, execution application is not maintainable. In support, our attention was drawn to para 7 of the order dated 17. 0 2014, which records that the counsels were informed that if they want an executable decree for partition in terms of the Memorandum of Family Settlement, they would have to pay stamp duty. Paras 7 to 16 of the order dated 17. 2014, for the sake of convenience, are reproduced below:-

(3.) The Memorandum of Family Settlement, dated 2. 2. 2014 placed on record, would show that late father of the parties had left behind the following seven properties:-