KISHANSWARUP SHARMA Vs. MAHAKAL AUTOMOBILES

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging the order dated 26.11.08, passed by the Court of VIIIth Additional District Judge (Fast Track), Ujjain in Execution Case No. 6 -A of 1991, whereby the petitioner's objection questioning the jurisdiction of Executing Court has been rejected.

(2.) BRIEF facts are that in 15.11.1986, the petitioner had sold 7,200 sq.ft. of lands with some construction standing thereon for Rs. 7.20 lakh to the respondent and was paid Rs. 01.60 lakh only. He had agreed to accept the remaining amount of Rs. 05.60 lakh in four instalments in three years with interest @ 1.5% per month. The charge was created on the sold property. Instalments as fixed above were not paid by the respondent which led to the filing of Civil Suit No. 13 -A of 1989 (New No. 16 -A of 1991) by the petitioner for recovery of amount of Rs. 6, 31, 750/ -by sale of the suit property. The liability to pay Rs. 5.00 lakh plus interest was admitted by the respondent in the written statement. The suit was decreed by the Court of learned Addl. District Judge in terms of Or. 12 R.6 of the Code of Civil Procedure on the following terms:

(3.) ON the orders passed on these I.As., the matter travelled to the High Court in Misc. Appeal No. 52 of 2004. The High Court by order dated 28.4.2004 disposed of the Misc. Appeal, dismissing the I.As. 1,2 and 6, by holding that the auction sale in favour of the petitioner was valid and upholding the order of its confirmation. On I.As. Nos. 1,3,4 and 5, the Executing Court was directed to take fresh decision on merits.