ANUP SHARMA & ORS Vs. NAGENDRA PRASAD YADAV

JUDGEMENT

(1.) Vide order dated 15.09.2015, notice was issued to the Judgment Debtor returnable for today. As per the office report, the Judgment Debtor was served with the notice in the petition through ordinary process on 16.10.2015 and through speed post on 17.10.2015.

(2.) The case was passed over on the first call to await the presence of the Judgment Debtor. It is now 3:06 PM, however, none is present on behalf of the Judgment Debtor even on the second call.

(3.) Counsel for the Decree Holder states that the Judgment Debtor had failed to participate in the suit proceedings and suffered an ex-parte judgment and decree dated 21.05.2014, whereunder a decree of specific performance and permanent injunction was granted in favour of the plaintiff in respect of the Agreement to Sell dated 30.08.2012 and the defendant was directed to execute the Sale Deed/Conveyance Deed in respect of the suit premises bearing No. C-35, an area measuring 73 sq. yards with roof rights comprised in Khasra No.47 situated in Gali No.2, Shastri Garden, Patparganj, Delhi, in favour of the Decree Holder/plaintiff after receiving the balance sale consideration of Rs.35 lacs within four weeks. It was further ordered that in case of failure on the part of the Judgment Debtor/defendant to do so, the Decree Holder/plaintiff shall be entitled to file an application for execution of a Sale Deed through an officer of the Court in accordance with law. Till the Sale Deed is executed in favour of the Decree Holder/plaintiff, the Judgment Debtor/defendant, his agents, assigns etc. were permanently restrained from selling, alienating, assigning, transferring, parting with possession or in any manner creating any third party interest in respect of the suit premises. The suit was accordingly decreed with costs.