SUBODH KUMAR Vs. SATYA SWARUP SINGH BHATTI

JUDGEMENT

(1.) In this Letters Patent Appeal, the challenge is tothe correctness of the judgment of the learned single Judge of this Court, whohad dismissed the appellant's execution first appeal and had upheld the orderof the executing court dismissing the objection filed by the appellant underOrder 21, Rule 97 and Section 151 of the Code of Civil Procedure.

(2.) The litigation from which this appeal arises appears to have a chequered history. The decree which is now sought to be executed was passed in theyear 1976 and litigation has thereafter been pending between the parties forthe last about ten years and the relevant facts are as follows.

(3.) The appellants in this appeal are sons of Smt. Sudarshan Kumariwife of Shri Behari Lal Sharma (respondent No. 2). Smt Sudarshan Kumarientered into an agreement to sell the property No. M-48, Kalkaji, New Delhi,to Sh.Satya Swarup Singh Bhatti (Respondent No. 1) vide agreement dated 26/04/1970 which was also signed by Shri Behari Lal Sharma, husbandof respondent No. 2 and father of the appellants. A supplementary agreementdated 19.6.1970 was also entered into between respondent No. 1 and respondent No. 2, and under this agreement some more amount was paid byrespondent No. 1 to respondent No. 2. In January 1972 respondentNo. 1 filed a suit for specific performance against respondent No. 2. Thesuit was decreed by the Commercial Sub Judge Delhi on 3/08/1976.A Regular First Appeal (RFA 315/76) filed by respondent No. 2 was dismissedby this Court on 22/05/1980. It appears that permission was grained bythe competent authority for sale of the property in question to respondentNo. 1, decree-holder. Respondent No. 2 filed objections challenging the validityof the sale permission. The said objections were filed on or about 10/10/1980. The said objections were dismissed by the trial court on l.4.1981.Against the order dated 1.4.1981, the J.D. respondent No. 2 filed an ExecutionFirst Appeal No. 3/81 in this court. It further appears that along with thisexecution First Appeal, an application was filed seeking stay of the operationof the order of the trial court dated 1/04/1981, and stay of furtherproceedings before the trial court. The said application was supported by anaffidavit of Shri Subodh Kumar who is one of the appellants before us.The said appeal (EFA 3/81) was dismissed by a learned single Judge of thiscourt on 2 ,th April 1981.