DR. AMIT ARYA Vs. KAMLESH KUMARI

JUDGEMENT

(1.) Leave Granted.

(2.) This appeal arises out of a judgment and order dtd. 8/8/2022 of the High Court of Punjab and Haryana at Chandigarh in CR.No.979 of 2018 (O&M), titled Kamlesh Kumari v. Dr. Amit Arya. The dispute pertains to the execution of an 'agreement to sell' between the parties regarding a property located in the District of Panchkula. A certain sum of money was deposited as 'earnest money', but the matter did not proceed further. A suit for specific performance[Civil Suit No. 47 of 2006 ] was decreed by the Trial Court[Addl. Civil Judge (Sr. Divn.) Panchkula, by judgment dtd. 14/5/2011], which was eventually affirmed on second appeal[RSA 4080 of 2013 (O&M); judgment dtd. 8/2/2016 ] by the High Court. Seeking execution, the plaintiff/decree holder, the appellant herein, filed the said application[Execution Application No.35 of 2016], in which the respondent's objections were dismissed.[Judgment dtd. 20/1/2018.] The appeal against the dismissal of such objections gave rise to the impugned judgment, which accepted the objections and dismissed the execution petition. BACKGROUND AND PREVIOUS PROCEEDINGS We may, by way of a table, recall some important dates which are essential to putting the dispute in context: <IMG>JUDGEMENT_90_LAWS(SC)12_2025_1.jpg</IMG>

(3.) Facts are to the effect that :