LATA PAL Vs. MAHESH PAL AND ORS.

JUDGEMENT

(1.) Admittedly, in this case, the mediation failed. The report dated 20-8-14 has been submitted on record by the appointed Mediator Shri R.P. Rathi, Advocate. Heard on I.A. No. 4644/13.

(2.) The aforesaid I.A. has been preferred under Section 144 read with Section 151 of CPC by the appellant Smt. Lata Pal for the relief, which in extenso below:--

(3.) Briefly stated, the facts of the case for the purpose of disposal of the said application are that one civil suit bearing No. 45-A/07 was filed by one Mahesh Pal against Man Singh Pal. The petitioner is the legal representative being daughter of Late Man Singh Pal. Similarly, respondents are also legal representatives of Late Mahesh Pal. The suit was filed for specific performance of the contract having regard to suit property as described in the plaint. Said civil suit was decided by the Second Additional Sessions Judge, Gwalior on 9-5-2008. The decree was passed in favour of original plaintiff-Mahesh Pal by declaring him to be entitled to get vacant possession of the suit premises numbered as 249/39, presently numbered as 322/39, situated at Labhetapura, Nakachandrawadni, Lashkar, Gwalior. During the pendency of that suit, defendant-Man Singh Pal, father of appellant had died. Petitioner-Smt. Lata Pal being his daughter with other two legal representatives, namely, Narayani, widow of Man Singh and one Kusum another daughter of Late Man Singh Pal were brought on record and in their presence suit was decreed by the Trial Court vide judgment dated 9-5-08. When the execution proceedings were initiated, an objection under Order 21 Rule 97, CPC was preferred. Same was dismissed vide order dated 24-12-09. Now, in between pendency of the execution proceedings, original plaintiff-Mahesh Pal also expired and Smt. Renu Pal and Rahul were brought on record as his legal representatives. Against dismissal of the objection under Order 21 Rule 97 by the Trial Court, the first appeal under Order 21 Rule 103, CPC, has been preferred to this Court by one of the legal representatives Lata Pal, daughter of Late Man Singh, the original defendant. This appeal has been admitted vide order dated 17-2-10 and on the same day while considering the prayer for grant of interim relief it was directed by this Court as under:--