PARTAP SINGH Vs. NARPAT

JUDGEMENT

(1.) Aggrieved by judgment dated 05.09.2008 (Annexure P-4), passed by learned Additional District Judge, Rewari, Partap Singh Decree Holder (DH) has filed the instant revision petition under Article 227 of the Constitution of India, assailing the said judgment.

(2.) Suit filed by the petitioner against respondent No. 1 Narpat (hereinafter referred to as Judgment Debtor (JD)) for specific performance of agreement dated 09.02.1994 to sell suit land measuring 24 kanals was decreed by learned Additional Civil Judge (Senior Division), Kosli vide judgment dated 29.04.2006 (Annexure P-1). Respondent No. 2 State Bank of India was also party to the suit. JD Narpat preferred appeal against the said judgment and decree of the trial court. Vide order dated 29.05.2006 (Annexure P-2), Appellate Court stayed operation of judgment of the trial court and admitted the appeal. The appeal was ultimately dismissed on 05.10.2006. Regular Second Appeal preferred by Narpat was dismissed by this Court on 08.03.2007. Special Leave Petition preferred by Narpat was dismissed by Hon'ble Supreme Court on 07.05.2007. Meanwhile, the petitioner DH filed execution petition on 13.10.2006. In the execution petition, the petitioner also prayed that he be allowed to deposit the balance sale consideration. Respondents No. 3 and 4 had, in the meanwhile, purchased the suit land and other land from the JD vide sale deed dated 03.05.2006. Respondents No. 3 and 4 filed objections in the execution petition. Executing Court i.e. learned Additional Civil Judge (Senior Division), Kosli, vide order dated 20.11.2007 (Annexure P-3), dismissed the objections filed by respondents No. 3 and 4 and directed DH petitioner to deposit the balance sale consideration within period of 20 days. The petitioner accordingly deposited the balance sale consideration on 23.11.2007. However, respondents No. 3 and 4 preferred appeal against the aforesaid order of the Executing Court. Learned Appellate Court, vide impugned judgment dated 05.09.2008 (Annexure P-4), has allowed the appeal and set aside the order dated 20.11.2007 (Annexure P-3) passed by the Executing Court and dismissed the execution petition qua the objectors (respondents No. 3 and 4 herein). However, objections filed by JD were still pending before the Executing Court.

(3.) Respondents No. 3 and 4, in their objections, inter alia pleaded that the DH has not deposited the balance sale consideration within two months from the date of decree of the trial court and therefore, decree is not executable. It was also alleged that the objectors are in possession of the suit property as owners in view of registered sale deed dated 03.05.2006 and the objectors were not party to the judgment and decree under execution and therefore, objectors are not bound by the same. I have heard learned Counsel for the parties at considerable length and perused the case file.