MANOJ BANTIA Vs. U DEVENDRA

JUDGEMENT

(1.) Though the appeal is listed for admission, with the consent of the learned both the counsel, the appeal is taken up for final hearing and disposed of by this judgment.

(2.) This appeal is filed by the defendant in O.S.No.73/2017, a suit for specific performance of contract commenced by the respondent, on the file of the Prl. Senior Civil Judge, Raichur ( for short, Civil Court ). The suit is decreed vide impugned judgment and decree dated 23.09.2017, directing the appellant to execute the sale deed in favour of the respondent for the land bearing Sy.No.933, Hissa No.1/5, measuring 01 acre 24 guntas within the revenue limits of Raichur with a further direction to receive the balance sale consideration of Rs.12 lakhs deposited by the respondent with the Civil Court. It is undisputed that the respondent initiated has execution proceedings in E.P.No.73/2017, and the appellant, who was yet to file the present appeal, entered appearance on 09.03.2018 after publication of the notice in a local daily called Suddhi Mula . The appellant has filed objections inter alia contending that he was not duly served with the notice in the original proceedings and that he could not contest the suit because his brother was paralyzed, and he was looking after him.

(3.) The Executing Court vide its order dated 19.04.2018, has overruled the appellant s objections and ordered for execution and registration of the sale deed through the Chief Ministerial Officer of the Executing Court. After the orders of the Court on 19.04.2018, the Chief Ministerial Officer, the Court Commissioner appointed by the Executing Court, has executed the sale deed transferring the subject property in favour of the respondent pursuant to the impugned judgment and decree. It is also undisputed that the respondent is in possession of the suit property as per the terms of the sale deed executed by the Executing Court. This appeal is filed thereafter on 06.06.2018.