JAG MOHAN Vs. SATYA NARAIN AND ORS.

JUDGEMENT

(1.) C.M. No. 8908 -CII of 2010

(2.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 24.11.2009, Annexure P2, passed by learned Additional District Judge, Bhiwani, in Civil Appeal No. 107 of 2005/2007 vide which it set aside the original attachment order dated 22.11.2003 and subsequent order dated 28.9.2005, Annexure P1, passed by learned Executing Court vide which objections of Respondent No. 1 were dismissed.

(3.) BRIEF facts relevant for the decision of the present revision petition are that civil suit for recovery was filed by Rati Ram -Respondent No. 2 against Tale Ram Garg -Respondent No. 3, which was decreed in favour of Rati Ram -Respondent No. 2 and against Respondent No. 3 -judgment -debtor. Decree holder filed execution petition and in the said execution petition property belonging to judgment -debtor, i.e., plot No. 57, Sector 21, Bhiwani, was ordered to be attached showing it to be the property of judgment -debtor. Later on the said plot was also put to auction and the present Petitioner was the highest bidder and he also deposited an amount of Rs. 8,90,000/ -on 18.12.2005. Objection petition was filed by Respondent No. 1 -Satya Narain on the ground that regarding the said plot, there was prior agreement to sell in his favour executed by judgment -debtor, which is dated 9.4.1997 and that the said agreement was not signed by judgment -debtor to file a suit for possession by specific performance, which was decreed in his favour and hence the said plot could not be attached and sold in the present execution.