SANGITA SURESH BHAKTE Vs. ARVIND DAMODHAR FISKE

JUDGEMENT

(1.) The petitioners are assailing the orders dtd. 7/2/2020 rendered by the learned 9th Joint Civil Judge (Senior Division), Amravati in Regular Darkhast 42/2013 whereby the application preferred by the petitioners-objectors seeking stay of the execution proceedings, and the order dtd. 7/2/2020 whereby the application under Order XXI Rule 101 read with Sec. 151 of the Code are rejected.

(2.) Respondent 1-Arvind Damodhar Fiske instituted Regular Civil Suit 128/2012 seeking specific performance of contract. The defendant was Suresh Narayanrao Bhakte. The suit was decreed by the learned 4th Joint Civil Judge (Junior Division), Amravati on 14/2/2013. Respondent 1 initiated execution proceedings. Respondent 2-original defendant preferred appeal challenging the judgment and decree of specific performance which was accompanied by an application for condonation of delay, which was rejected by the appellate Court. The defendant preferred Second Appeal 203/2019, which came to be dismissed by the High Court.

(3.) It is not in dispute that in view of the judgment and decree of specific performance, which has attained finality, the sale-deed of the suit property is executed in favour of respondent 1-decree holder by the Court Commissioner. The petitioners herein, however, preferred an application Exhibit 33 seeking permission to intervene in the execution proceedings and for stay to the execution. The said application dtd. 30/1/2017 avers that the petitioners have instituted separate suit against the decree-holder and the judgment-debtor seeking cancellation of the sale-deed executed in favour of the decree-holder by the Court Commissioner. On such premise, the petitioners sought relief which is noted supra.