$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 328/2009 M.C.D. ..... Appellant Represented by: Ms.Mini Pushkarna, Standing Counsel, MCD. versus THE CARE TAKER GROUP & ANR. ..... Respondents Represented by: Mr.Ashish Nischal and Mr.Arun Nischal, Advocates. CORAM: HON’BLE MR. JUSTICE PRADEEP NANDRAJOG HON’BLE MS. JUSTICE PRATIBHA RANI O R D E R % 07.09.2016 CM No. 32765/2016 Allowed subject to all just exceptions. CM No.32764/2016 1. The averments made in the application cannot form the subject matter of adjudication by way of civil miscellaneous application in a disposed of matter. This issue has to be sorted out in execution proceedings. 2. Learned counsel for the appellant seeks leave to withdraw the application because incorrect remedy has been availed of. 3. The application is dismissed. PRADEEP NANDRAJOG, J. PRATIBHA RANI, J. SEPTEMBER 07, 2016 ‘hkaur’