RAM SINGH Vs. JANA DEVI AND ANR

JUDGEMENT

(1.) Defendant-Judgment debtor has invoked jurisdiction of this Court under Article 227 of the Constitution of India assailing order dated 10.3.2010 passed by Executing Court (Addl. Civil Judge (Sr. Divn.) Fatehabad) whereby learned Executing Court has dismissed the application moved by the judgment debtor to dismiss the execution application.

(2.) The brief facts inter alia are that respondent-plaintiff has filed suit for specific performance of the contract on the basis of agreement to sell dated 6.11.2003 against the defendant (petitioner herein) being Civil Suit No. 45-C of 2005 which was decreed by the Court of Addl. Civil Judge (Sr. Divn.) Fatehabad vide judgment and decree dated 13.12.2006. Learned trial Court while decreeing the suit of the plaintiff-respondent directed the plaintiff to make payment of the balance sale consideration within 30 days from the date of passing of this judgment and to intimate the defendant forthwith whereafter the defendant shall bound to get sale deed executed within 30 days.

(3.) Feeling aggrieved from the judgment and decree, defendant (petitioner herein) preferred first appeal in the Court of District Judge, Fatehabad. First Appellate Court initially stayed impugned judgment and decree dated 13.12.2006, however, ultimately first appeal was dismissed on 22.5.2007. Plaintiff-decree holder, however, deposited the sale consideration in the Executing Court on 17.1.2007 vide Challan No. 44.