GAUTAM BUILDERS AND DEVELOPERS Vs. RAM KISHAN

JUDGEMENT

(1.) BY this petition petitioner has challenged the validity of order dated 2nd February 2008 passed by the Executing Court.

(2.) BRIEF facts relevant for the purpose of deciding this petition are that the petitioner filed a suit for specific performance and the suit of the petitioner was decreed in the following terms:

(3.) AFTER the suit of the petitioner was decreed, Judgment Debtor filed an application for grant of NOC to the Revenue Authorities; the NOC was refused. Thereafter, in terms of the decree passed, Judgment Debtor deposited the amount of Rs. 28,000/- along with 6% p. a. interest from the date of agreement till the date of return totalling to Rs. 57,510/ -. The petitioner (Decree holder), who had filed an Execution Petition against the Judgment Debtor however, pressed for giving directions to the Judgment Debtor for executing the sale deed. The Executing Court vide impugned order observed that in view of the fact that Judgment Debtor had placed on record the cheque for amount of rs. 57,510/-, the decree stood satisfied.