SH. ROOMALSH. JODHA Vs. SH. SRI NIWAS

JUDGEMENT

(1.) This petition is filed under Art. 227 of the Constitution of India seeking to impugn the orders of the Executing Court dated 16.05.2014, 05.07.2014 and 22.08.2014.

(2.) The case has a long chequered history starting from 1961. The controversy centers around a piece of land in the Abadi Zamroodpur, Delhi. The purchasers/respondent agreed to buy a parcel of land from the judgment debtors/petitioners on 13.01.1961. A suit for specific performance was instituted on 18.09.1961. The suit was decreed on 1973 in favour of one of the purchasers whereas for two purchasers who were minors, the suit was dismissed. Two appeals were filed before this court being RFA No. 52/1973 and RFA No. 80/1973 challenging the said decree dated 1973. These two RFAs were disposed of on 14.01.1985 passing a decree of specific performance in favour of the decree holders (respondent) including the two minors. The plea of the petitioners/judgment debtors were rejected. The petitioners were ordered to execute the sale deed within one month from that date failing which the trial court was to execute the conveyance deed at the cost of the petitioner. Unfortunately, enforcement of the said decree is yet to see the light of the day. In 1985, the petitioners filed another suit challenging the locus standi of execution of the agreement. A stay of the execution proceedings was granted in 2005. The said suit was thereafter dismissed. The first appeal and the second appeal which were filed were also dismissed. RSA No. 281/2007 was dismissed by this court on 03.05.2011 on account of which the execution petition in question was revived. Hence, the Executing court has now proceeded with the execution.

(3.) In the meantime, decree holder No.2 and 3 have entered into a settlement with the LRs of the judgment debtors/petitioners. Hence, now only one of the decree holders, namely, the respondent is pursing the execution petition.