A K KULSHRESTHA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE facts of the case are that the Decree Holder/Complainant filed an execution application against the Judgment Debtor Delhi Development Authority, which was dismissed in default vide order dated 30.7.2009. The Decree Holder applied for its restoration along with which he also filed an application for condonation of delay. In delay condonation application, he made prayer for restoration of execution petition, apparently inadvertent mistake on the part of the decree holder. The District Forum vide order dated 26.8.2010, rejected the application for condonation of delay, in consequence whereof also restoration application, saying that in delay application, prayer is made as appeal for restoration of the case, and there is no appeal, the appeal of the condonation of delay is rejected.

(2.) THE Decree Holder thereafter filed a fresh execution, which the District Forum dismissed vide order dated 11.5.2011. The order may be reiterated as below for easy understanding: As per statement given by D.H., that he wants to withdraw his execution in order to challenge the order dated 26.8.2011 passed by this Forum. Hence in view of the above circumstances, it stands dismissed as withdrawn with the liberty to challenge the said order.

(3.) THE Decree Holder has therefore come in appeal before this Commission.