Ravneet Kaur vs. Prithpal Singh Dhingra

ITEM NO.9 COURT NO.9 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No. 12427/2022

(Arising out of impugned final judgment and order dated 24-02-2022 in RFA No. 832/2018 passed by the High Court of Delhi at New Delhi)

RAVNEET KAUR Petitioner(s)

VERSUS

PRITHPAL SINGH DHINGRA Respondent(s)

( IA No.95863/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )

Date : 29-07-2022 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MRS. JUSTICE B.V. NAGARATHNA

• For Petitioner(s) Mr. Sanchit Garga, AOR Mr. Nikunj Jain, Adv. Mr. Bahar U Barqi, Adv. Mr. R.D. Singh, Adv. Ms. Roohi Bansal, Adv.
• For Respondent(s) Mr. Rajat Wadhwa, Adv. Mr. Aditya Varun Bhat, Adv. Mr. Archit Upadhayay, AOR

UPON hearing the counsel the Court made the following O R D E R Having heard learned counsel appearing on behalf of the

respective parties and having gone through the impugned judgment and order passed by the High Court of Delhi and in the facts and circumstances of the case, more particularly, the fact that both, father in law and mother in law are old aged and that they are ready and willing to provide alternative accommodation to the petitioner in the vicinity/locality where the house in question is situated, no interference of this Court is called for in exercise of powers under Article 136 of the Constitution of Digitally signed by R Natarajan Date: 2022.08.01 17:26:58 IST Reason: Signature Not Verified

Contd..

India. The Special Leave Petition stands dismissed.

However, at the same time, the petitioner is to be provided with alternative accommodation even as observed by the High Court in the impugned judgment and order.

Learned counsel appearing on behalf of the respondent, who is on caveat, has stated at the Bar that the respondent offers alternative accommodation for which five different places are identified, the particulars of which shall be shared with the petitioner within a period of one week from today. He has stated at the Bar that all those accommodations are in the same vicinity/locality where the house in question is situated. It is reported that execution proceedings filed by the respondent are also pending before the learned Executing Court. Therefore, while dismissing the present Special Leave Petition, it is observed that the petitioner to consider the offer to be made by the respondent suggesting five different alternative accommodations which shall be in the same vicinity/locality and out of which she may select one and the same be considered by the learned Executing Court to pass appropriate order on the same so that the alternative accommodation can be provided to the petitioner. It may also be open for the petitioner to suggest the alternative accommodation in the same locality/vicinity which may also be considered by the learned Executing Court. The learned Executing Court to pass appropriate order as above within a period of six

Contd..

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weeks from today. If the petitioner does not exercise her option and select the alternative accommodation, necessary consequences shall follow and the learned Executing Court to pass appropriate order in accordance with law and on merits. The order passed by the learned Trial Court confirmed by the High Court is further confirmed by this Court in the present proceedings.

Pending application(s), if any, shall stand disposed of.

(NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR