KAMAL CHOPRA Vs. OM PARKASH

JUDGEMENT

(1.) The petitioner assails order dated 6.3.2020 vide which the learned Civil Judge (Junior Division), Hoshiarpur has ordered for setting aside the sale deed executed in favour of the petitioner/plaintiff pursuant to judgment and decree dated 22.5.2018.

(2.) A few facts necessary to notice for disposal of this petition are that the plaintiff filed a suit for specific performance of the agreement to sell dated 3.5.2010, which was decreed in his favour vide judgment and decree dated 22.5.2018.

(3.) The decree holder, thereafter, filed an execution application on 23.7.2018 pursuant to which the sale deed was got registered under orders of Court dated 3.12.2018. However, before filing of the execution application, the defendant had filed an appeal in the Court of District Judge on 3.7.2018 challenging judgment and decree dated 22.5.2018 wherein the impugned judgment and decree dated 22.5.2018 was stayed. It appears that the factum of stay of the said decree was never conveyed to the petitioner-plaintiff.