KANWAR PAL Vs. BRIJ BHUSHAN AND OTHERS

JUDGEMENT

(1.) Plaintiff/petitioner filed a suit for possession by way of specific performance of the agreement to sell dated 20.11.1997. That suit was decreed. Thereafter petitioner filed execution petition in which defendants/respondents filed objections under Order 21 Rule 99,100,101 and 103 read with Section 47 and 151 CPC. Those objections were dismissed by the Executing Court vide order dated 31.8.2010 (P3). Defendants/respondents went in appeal and the learned Additional District Judge, Ambala vide impugned order dated 17.9.2010, which is subject matter of the present revision petition set aside the order dated 31.8.2010 and directed the learned Executing Court to decide the objection after framing of issues and giving opportunities to the parties to lead evidence in support of their stand.

(2.) At the time of hearing learned counsel for the petitioner very fairly conceded that since question of facts are involved hence it is necessary to decide the objections after framing of issues and giving opportunities to the parties to lead evidence in support of their stand. His attention has been drawn to decision of this Court in Bhagwan Bai v. Chiranji Lal and Another,2009 3 CCC 139 (P&H), which squarely covers the controversy involved herein against the petitioner.

(3.) For the reasons stated above, present revision petition stands dismissed.