OM PRAKASH Vs. SATPAL SINGH

JUDGEMENT

(1.) The present revision petition has been filed for setting aside the execution proceedings in Civil Suit No.961 dtd. 22/6/2008.

(2.) The brief facts required to be noticed in the present case are that the defendant-petitioner was owner in possession of House No.2M/69, NIT Faridabad Area, measuring 170 square yards, which he had inherited from his father Jethanand. Jethanand had purchased the said house from the Ministry of Rehabilitation, vide a duly executed and registered sale deed dtd. 11/6/1979. On 15/1/2008, an agreement to sell qua the said property was entered into between the defendant-petitioner and the plaintiff-respondent. The Civil Suit No.961 of 22/9/2008 was filed by the plaintiff-respondent for declaration and consequential relief of possession. On 27/9/2008, the suit was dismissed as withdrawn and the following order was passed:-

(3.) In 2010, an Execution Petition was filed by the plaintiff-respondent for execution of the alleged decree dtd. 27/9/2008. The defendant-petitioner was proceeded against ex parte in the said execution proceedings. On 9/6/2012, the following order was passed in the execution proceedings:-