RANJIT SINGH Vs. SUNIL KUMAR JAIN

JUDGEMENT

(1.) The aforesaid Writ Petitions are being disposed of by this common order, as the issue involved in both the cases is similar.

(2.) This Petition has been preferred challenging the order dtd. 21/11/2022 passed by the Executing Court i.e. 6th Additional District Judge, Durg, in Execution Case No.43/2021 (Sunil Kumar Jain Vs. M/s Guru Engineering Works) whereby the objection raised by the petitioner/defendant for execution of the decree was rejected and decree holder/respondent/plaintiff was allowed to amend the execution for relief of possession in the execution application.

(3.) Facts of the case are that the respondent/plaintiff has filed a civil suit for specific performance of agreement to sell dtd. 21/10/2010 and the said suit was decreed in favour of the plaintiff in Civil Suit No.46- A/2014 by 7th Additional District Judge, Durg vide judgment dtd. 26/10/2016, which was affirmed in FA No.378/2016 vide judgment dtd. 30/8/2019. The petitioner/judgment debtor has also challenged the judgment rendered in First Appeal before the Hon'ble Supreme Court vide SLP (Civil) Diary No(s).22330/2020 and the Hon'ble Supreme Court vide order dtd. 13/1/2021 dismissed the SLP. Thereafter when the respondent/plaintiff/decree holder proceeded for execution, the petitioner/defendant has raised an objection that in the impugned decree, there is no direction for handing over the possession of the suit property and the respondent/plaintiff, in such circumstances, has also moved an application for amendment in execution to add the relief which has been allowed by the impugned order.