KALUBHAI NANJIBHAI Vs. RAVJI VALJI KHUNT

JUDGEMENT

(1.) PRESENT Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the petitioner hereinoriginal plaintiff decree holder to quash and set aside the impugned order passed by the learned Executing Court learned 5 th Joint Civil Judge (S.D.), Junagadh passed in Regular Execution Application No.206 of 2002 rejecting the said Execution Application.

(2.) THAT the petitioner herein original plaintiff instituted Special Civil Suit No. 4 of 1991 against the respondent herein original defendant in the Court of learned Civil Judge (S.D.), Junagadh for specific performance of the registered agreement to sell / Santakhat dated 8.1.1988 with respect to the suit land. That the suit proceeded exparte as nobody remained present on behalf of original defendant and by judgment and decree dated 30.6.2001 the learned trial Court learned 5th Joint Civil Judge (S.D.), Junagadh decreed the suit and passed the decree for specific performance of the registered Santakhat / agreement to sell dated 8.1.1988 directing the defendant to execute the sale deed on receiving Rs. 50,000/ from the plaintiff towards balance sale consideration and to handover the peaceful and vacant possession of the suit land to the plaintiff. That the judgment and decree passed by the learned trial Court has attained the finality and the same has not been challenged by the original defendant.

(3.) THOUGH served, nobody appears on behalf of the respondent.