JARNAIL SINGH Vs. GURPRIT SINGH

JUDGEMENT

(1.) Order dated 2.4.2012 passed by Civil Judge (Senior Division), Faridkot, while acting as executing Court, has been challenged by the judgment debtor by filing the present revision under Article 227 of the Constitution of India.

(2.) Vide impugned order, the executing Court appointed the Court Ahlmad as Local Commissioner with a direction to execute sale deed of the suit land in favour of the decreeholder/respondent through agency of Court on behalf of the judgment debtor/petitioner.

(3.) Suit for specific performance of agreement dated 23.6.2005 filed by the respondent was decreed by Additional Civil Judge (Senior Division), Faridkot on 5.8.2010. Aggrieved of the same, the defendant-petitioner filed an appeal alongwith which an application for stay was also filed. The lower appellate Court, did not grant any stay. Only notice of the stay application was issued. The respondent then filed an application for execution of the decree which came up for hearing before the executing Court on 13.11.2010, when notice of the same was issued to the petitioner. The petitioner put in appearance on 22.1.2011 and sought time for filing objections. The execution application was, thereafter, taken up on 24.2.2011, 12.3.2011 and 8.4.2011 but no objections were filed by the petitioner. Every time, request was made for adjournment. On 6.5.2011, the petitioner filed his objections. After supplying its copy to the respondent for filing the reply, the executing Court adjourned the proceedings to 6.6.2011.