MAYA DEVI Vs. RITIKA

JUDGEMENT

(1.) Allowed, subject to all just exceptions. Application is disposed of. CM(M) 1572/2019 and CM APPL. 47540/2019.

(2.) The present petition has been filed challenging the order dated 25 th October, 2019 in Ex. No.2022017 titled as Ritika v. Maya Devi and Anr. The case of the PetitionerJudgment Debtor - Mrs. Maya Devi is that she purchased the flat bearing no.E-182, Second Floor, Lajpat Nagar, New Delhi by a registered sale deed. It is alleged that her son and daughter-in- law had fraudulently got a gift deed executed of which cancellation is sought in the suit. Settlement Agreement dated 27th January, 2014 was entered into between the parties whereby it was agreed that the Defendants together own 50% undivided right in the suit property. The Respondent No.1Decree Holder - Mrs. Ritika filed the execution petition seeking enforcement of her 25% share.

(3.) An application was moved by the Petitioner that she would be willing to give her 25% share in the property to her daughter-in-law. On 3rd December, 2018, the ld. ADJ noted that the Decree Holder is not willing to accept less than Rs.15 lacs. The reserve price was fixed for auction of the property. Thereafter, on 19th July, 2019, an application filed under Section 5 read with Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter the "?Act "?), was dismissed by the ld. ADJ. Vide order dated 18th October, 2019, since the Petitioner had filed an application seeking setting aside of the judgment dated 29 th January, 2019, the auction proceedings were stayed. However, on 25th October, 2018, since the revision petition, filed by the Petitioner, had been dismissed by the High Court, the auction was directed to be proceeded further.