RAM CHAND Vs. KULDIP SINGH

JUDGEMENT

(1.) Vide impugned order dated 12.2.2011, the execution application of the petitioner was dismissed mainly on the ground that the petitioner/decree-holder (herein referred as 'the petitioner') despite efficacious remedy available to him, has filed the second execution application which was not maintainable.

(2.) The factual back ground of the case is that the petitioner had obtained a decree for specific performance from the court of Additional Civil Judge (Senior Division), Jagraon, on 10.11.2005, which attained finality. The operative part of the decree is re-produced as under:-

(3.) Pursuant to the said decree, the decree-holder filed execution on 4.2.2006, wherein the judgment-debtor/respondent filed objection petition on the ground that the sale consideration was not deposited by the petitioner within the time which was a condition precedent for enforcement of the decree. Reply to the said objection petition was filed by the decreeholder pleading as under:-