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Surinder Kumar vs. Vinod Kumar

Execution Petition · 2026:DHC:7936Decided 16 Sept 2026New Delhi Bench
EX.P. 238/2013CNR: DLHC011492292013
Justice Om Prakash Shukla

Background

The decree holder had filed an execution petition to enforce a decree against the judgment debtor. At the hearing, counsel for the decree holder sought leave to withdraw the petition with liberty to refile it should the need arise again.

Decision Breakdown

The Court granted the leave and liberty as prayed. The petition was dismissed as withdrawn, and any pending applications were also disposed of.

Lesson Learnt

Withdrawing an execution proceeding with liberty to refile is a routine procedural step that preserves a decree holder's right to seek enforcement again later, without foreclosing the underlying claim.

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