KAMLESH KUMARI Vs. AMIT ARYA

JUDGEMENT

(1.) Prayer in this petition is for setting-aside the order dtd. 20/1/2018 passed by the trial Court vide which the objections filed by the petitioner in the execution petition filed by the respondent, stands dismissed.

(2.) Brief facts of the case are that the respondent/plaintiff Dr. Amit Arya, filed a suit for specific performance of agreement to sell dtd. 11/12/2004, by way of execution and registration of a sale deed qua the plot in dispute and further to grant a decree of possession or in the alternative for recovery of an amount of Rs.2.46 lacs with interest @ 18%. The petitioner contested the suit, however, the trial Court decreed the suit vide judgment and decree dtd. 14/5/2011 and it was directed that the petitioner/judgment-debtor, will execute the sale deed in favour of the respondent/decree-holder on receiving the balance sale consideration of Rs.8.05 lacs as per the agreement dtd. 11/12/2004, within a period of 02 months from the date of decree, failing which the respondent/decree-holder will be at liberty to get the sale deed executed on deposit of necessary expenses.

(3.) The petitioner filed an appeal before the Lower Appellate Court, which was partly allowed on 22/4/2013 and vide the decree dtd. 22/4/2013, the petitioner/judgment-debtor was directed to deposit a sum of Rs.2.00 lacs being double the amount of earnest money along with interest @ 9% p.a. and the said amount was deposited by the petitioner in the Treasury with an information to the respondent.