SURJIT SINGH Vs. GURBACHAN SINGH AND OTHERS

JUDGEMENT

(1.) Decree holder (DH) Surjit Singh has approached this Court by way of instant revision petition filed under Article 227 of the Constitution of India assailing order dated 31.3.2010 Annexure P/5 passed by the executing court.

(2.) Petitioner-Dh filed suit against respondent no. 1-Gurbachan Singh-defendant-judgment debtor (JD) for specific performance of agreement to sell. The suit was filed on 20.1.2004. Trial court vide adinterim order dated 20.1.2004 restrained respondent no. 1-defendant from alienating the suit property during pendency of the suit. The said suit was decreed vide judgment and decree dated 1.5.2006 Annexure P/1.

(3.) Petitioner-Dh has filed execution petition for executing the said decree. In the execution petition, respondents no. 2 and 3 filed objections Annexure P/3 alleging to have purchased suit land from respondent no. 1-JD vide sale deeds dated 17.2.2004, 4.3.2004 and 24.5.2004 and accordingly claimed to be bonafide purchasers thereof. The petitioner-DH, however, filed application Annexure P/2 for ignoring the said sale deeds having been executed in contravention of ad-interim injunction order dated 20.1.2004 and also being hit by doctrine of lis pendens. Learned executing court vide impugned order Annexure P/5 dismissed the application filed by petitionerDH and framed following issues regarding objections preferred by respondents no. 2 and 3 (subsequent purchasers):-