SAKILA Vs. BANARASI DAS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision is directed against the order dated 5-4-2004, passed in Execution Case No. 01 of 1998 by learned III Fast Track Court/Addl. District Judge, Haridwar.

(3.) Brief facts of the case are that a civil suit No. 92 of 1990 was instituted by plaintiff/decree holder, Banarasi Das, against the defendant/judgment-debtor, Jamshed Ali, which was decreed on 10-11-1997 for specific performance of contract dated 28-6-1988. It appears that in execution of said decree, the sale deed was got executed on 21-3-1998/8-5-1998 through the Court. Meanwhile objections were filed on 16-4-1998 by the judgment-debtor (respondent No. 2), which were rejected on 22-4-1998. It appears that against said order the defendant/judgment debtor preferred a revision No. 31 of 1998 and the same was also dismissed on 23-2-2001. Meanwhile, a suit No. 12 of 2001 appears to have been filed by Smt. Sakila (revisionist), who is wife of Sri Jamshed Ali, defendant/judgment-debtor against Sri Banarasi Das for injunction. From the perusal of the record, it is also clear that Smt. Sakila also filed objections in the execution case No. 01 of 1998 arising out of decree passed in civil suit No. 92 of 1990, claiming that her husband has transferred the property in respect of which decree was passed. The impugned order is passed in the execution case No. 01 of 1998 directing that writ of possession be Issued.