GURMEET SINGH @ BHOLU SINGH Vs. HARJEET SINGH

JUDGEMENT

(1.) The appellants have preferred the present appeal against the order dated 08.04.2010 passed by the First Additional District Judge, Mungaoli, District Ashok Nagar (M.P.) in Execution Case No.4A/03 whereby the application under Order XXI Rule 97 of the Code of Civil Procedure (for brevity "the Code") filed by the appellants was dismissed.

(2.) Facts of the case, in short, are that respondents no.2 and 3 had lodged a civil suit against respondent no.1 for specific performance of contract and to provide the possession of the property to them. Vide judgment and decree dated 11.08.2004, the same was decreed and the respondent No.1 was directed to execute the sale deed and provide the possession of the property. Thereafter, the appellants preferred a separate civil suit before the trial court which was registered at Serial No.12A/2004 and vide order dated 08.10.2004 the same was dismissed under Order VII Rule 11 of the Code. In first appeal bearing number 46A/2004, the Additional District Judge, Mungaoli, District Ashok Nagar, vide judgment and decree dated 10.03.2005 dismissed the first appeal. The second appeal bearing number 582/2005 was preferred before the High Court and vide order dated 14.08.2006 the same was dismissed. Thereafter, the appellants went before the Apex Court and filed SLP (Civil) No.3973/2007 and the was dismissed vide order dated 28.08.2009. During the pendency of the execution, the appellants have preferred an application under Order XXI Rule 97 of the Code to get their rights exercised and that application was dismissed by the Executing Court.

(3.) I have heard learned counsel for the parties on admission.