LAWS(P&H)-2012-11-270

DEVINDER KAUR Vs. BRIJ MOHAN

Decided On November 26, 2012
DEVINDER KAUR Appellant
V/S
BRIJ MOHAN Respondents

JUDGEMENT

(1.) Order dated 25.7.2011, Annexure P/4 passed by the executing court is under challenge in this revision petition filed under Article 227 of the Constitution of India by Devinder Kaur widow and one of the legal representatives (LRs) of Ranjit Singh judgment debtor (JD) no. 2. Suit filed by respondent-plaintiff Brij Mohan stands decreed for possession of the suit property by specific performance of agreement to sell by the trial court vide judgment dated 17.10.2006 Annexure P/1 upheld in first appeal vide judgment dated 14.8.2008 Annexure P/2. Respondentdecree holder filed execution petition for execution of the decree. LRs of JD no. 2 Ranjit Singh filed objections claiming the suit property to be ancestral and their only house. However, this plea was negatived by the trial court in judgment Annexure P/1, upheld by appellate court in judgment Annexure P/2. Consequently, learned executing court has dismissed the objections of LRs of respondent no. 2 vide order Annexure P/4 which is under challenge in this revision petition.

(2.) I have heard learned counsel for the parties and perused the case file.

(3.) Counsel for the petitioner prayed for another adjournment for appearance of petitioner in person for making efforts for amicable settlement.