PRADEEP RAMGOPAL GUPTA Vs. RUKMINIBAI RAMMANOHAR SHAHU

JUDGEMENT

(1.) A serious challenge is raised on behalf of the respondent No.1 to the very maintainability of the present writ petition, whereby the petitioner (original decree holder) has challenged order dated 20/06/2019 passed by the Court of Joint Civil Judge, Junior Division, Nagpur (Executing court).

(2.) It is contended on behalf of the respondent No.1 that looking at the scheme contemplated under Order XXI Rules 97 to 103 of the Code of Civil Procedure (CPC), which is a complete Code in itself, the petitioner can challenge the impugned order only by way of appeal and not by filing the present writ petition.

(3.) The petitioner had filed a suit against the respondents for specific performance, declaration and permanent injunction. The petitioner sought specific performance of an agreement dated 07/01/1983 executed between him and the original defendant No.1 (respondent No.2 represented through legal representatives in this petition). The petitioner later amended the suit to challenge a sale deed executed by the aforesaid original defendant No.1 in favour of the respondent No.1 (original defendant No.3) in respect of part of the suit property and he sought a decree, directing the defendants to handover possession of the suit property after execution of sale deed. On 30/07/2012, the Trial Court decreed the suit, thereby directing the legal representatives of the original defendant No.1 to execute sale deed in favour of the petitioner in respect of the suit property. The Trial Court further declared that the sale deed dated 12/12/2003, executed by the original defendant No.1 in favour of the respondent No.1 herein was null and void and further directed respondent No.1 to handover possession of the said portion to the petitioner.