AJS BUILDER PVT. LTD. Vs. HARVINDER SINGH

JUDGEMENT

(1.) BY way of the present appeal, the appellants have challenged the order dated 25th April, 2013 whereby his Review Petition No. 193/2013 was dismissed. The appellants had thereby sought review of the judgment and decree dated 23rd January, 2013 decreeing CS(OS) No. 3260/2011. A preliminary objection has been pressed with regard to the maintainability of the present appeal on behalf of the respondent. It is submitted that RFA(OS) No. 34/2013 assailing the judgment & decree dated 23rd January, 2013, was unconditionally withdrawn, and, therefore, the present appeal challenging the review order is not maintainable.

(2.) A suit being CS (OS) No. 3260/2011 was filed by Shri Harvinder Singh (respondent herein) claiming under a registered sale deed dated 15th December, 2009 executed in his favour by M/s. AJS Builder Private Limited (appellant No. 1 in the present appeal arrayed as defendant No. 2 in the plaint). In this sale deed, M/s. AJS Builders Private Limited has claimed as follows: -

(3.) SO far as possession is concerned, the appellant No. 1 had stated thus in the sale deed: