SARJEET KAUR Vs. GAJADHAR PRASAD

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been preferred by the decree holder challenging the order passed by the Executing Court dismissing her application for execution of the decree dtd. 12/4/93 passed by the 5th Additional District Judge, Durg as barred by limitation.

(2.) Facts of the matter, briefly stated, are that the original plaintiffs Sher Singh and petitioner Smt. Sarjeet Kaur preferred a suit for specific performance of agreement to sell dtd. 19/3/1985 against the defendants/respondents 1 and 2 (now represented by their legal heirs). The trial Court of Civil Judge Class-1, Durg dismissed the suit bearing No.14-A/91 by a judgment dtd. 9/8/91, against which the plaintiffs preferred First Appeal in the Court of 5 th ADJ, Durg. The appellate Court, by its judgment and decree dtd. 12/4/93, allowed the appeal preferred by the plaintiffs and granted a decree of specific performance in their favour by directing that on plaintiffs paying balance sale consideration of Rs.8,700.00, the defendants shall execute the sale deed in favour of plaintiff No.2/present petitioner within one month of such payment and handover possession to plaintiff No.2 with further direction that the expenses shall be borne by the plaintiffs. The plaintiffs deposited the balance sale consideration before the trial Court on 15/6/1993 (Annexure-P/3).

(3.) The defendants preferred Second Appeal No.225/93 in the High Court of Madhya Pradesh wherein execution of the decree was stayed by the High Court vide order dtd. 10/5/93. The appeal came to be dismissed at the admission stage on 11/10/93.