SHAMSUNNISA BEGUM Vs. JAMEEL AHMED

JUDGEMENT

(1.) Wanting to intentionally hold on to the property, despite the judgment and decree dated 19.12.2014, passed by this Court in Regular First Appeal, which was subsequently also upheld by the Hon'ble Supreme Court, the petitioner, the judgment debtor, has challenged the legality of the order dated 28.4.2016, passed by the learned Prl.Civil Judge Senior, Kalaburagi, whereby the learned Civil Judge has dismissed the objections raised by the petitioner under Section 47 CPC.

(2.) Briefly the facts of the case are that the petitioner, Smt.Shamsunnisa Begum, had filed a civil suit against the respondent, Jameel Ahmed, for specific performance of agreement of sale dated 10.8.1988, in respect of property bearing Special Plot No.6, Industrial Estate, New Jewargi Road, Kalaburagi. By judgment and decree dated 13.10.2010, the suit was decreed in favour of the petitioner. Since the respondent, Zameel Ahmed, was aggrieved by the said judgment and decree, he filed a Regular First Appeal before this Court, namely RFA.No.5005/2011. By judgment and decree dated 19.12.2014, this Court allowed the appeal, and directed the respondent to pay Rs.8,46,649/- along with an interest at the rate of 15% p.a. from the date of filing of the suit, till the date of depositing the said amount before the learned trial Court. This Court further directed the petitioner to vacate and hand over the vacant possession of the suit property to the respondent within six months, failing which the respondent would be at liberty to seek possession of the suit property through the Executing Court.

(3.) Since the petitioner was aggrieved by the judgment and decree dated 19.12.2014, she filed a Special Leave Petition, namely SLP.No.14535/2015, before the Hon'ble Supreme Court. However, by order dated 28.9.2011, the Apex Court dismissed the SLP, and confirmed the judgment and decree dated 19.12.2014. Still wanting to forestall the transfer of property in favour of the respondent, the petitioner filed a Review Petition against the judgment and decree dated 19.12.2014 before this Court. However, by order dated 18-01-2016, even the said Review Petition has been dismissed by this Court.