MAHFOOZ AHMED Vs. NEELMANI

JUDGEMENT

(1.) The appellant, herein calls in question the legality of order dt. 23-11-2009, passed by Additional District Judge in an Execution Case No. 8/08, whereby, an application under Order 22, Rule 10, Civil Procedure Code filed by the appellant has been dismissed on the ground that the transfer of the suit property in favour of the appellant cannot be said to have been during the pendency of the suit, as the execution proceedings has been considered, as if the suit is not pending.

(2.) Relevant facts unfurled from the pleadings are that, a suit for specific performance was brought by respondent No. 1 against respondent No. 2 vide CS No. 268A/95. The suit was decreed on 31-8-1996 in the following terms :-

(3.) The decree-holder alleging the deliberate non-compliance of the stipulations as contained in the judgment and decree, brought an execution proceedings. However, during pendency of the execution proceedings, the judgment-debtor respondent No. 2 sold the suit land in favour of the appellants herein vide sale deeds dt. 4-9-2002 and 9-9-2002.