LAXMI BEEN Vs. VIVEK KUMAR SINGH

JUDGEMENT

(1.) Heard on I.A.No.1 which is an application for grant of interim relief.

(2.) The appellants have filed the instant first appeal against the order dtd. 2/8/2023 (Annexure A/1) passed by the First Additional District and Sessions Judge, Ambikapur, District Surguja (CG) in Civil Execution Case No. 165/2011 by which the objection taken by the appellants No. 1 and 2 has been rejected.

(3.) The brief facts as reflected from the record are that the respondent No.1 - Vivek Kumar Singh has filed a suit for specific performance of contract in respect of the suit land Survey No. 337, area 0.80 RS situated at village Chathirma, Tahsil Ambikapur, District Surguja (CG) against respondent No.2 Ganesh Been and the State. It has also been contended that despite service of notice, respondent No.2 Ganesh Been has chosen not to appear therefore, he was proceeded ex parte and ex parte decree was passed against him on 10/12/2012. Thereafter, the decree holder has filed execution case before the learned Executing Court on 8/4/2013, which was registered as Civil Execution Case No. 165/2011.