PAL INDERJIT SINGH Vs. TEJINDER SINGH

JUDGEMENT

(1.) RESPONDENT no. 1, herein, filed Civil Suit No. 139 dated 25.05.2006 before the Additional Civil Judge (Senior Division), Roop Nagar against the petitioner and respondents nos. 2 and 3 for specific performance of agreement of sale dated 10.03.2005 in respect of the suit land mentioned in Annexure P1. Petitioner and respondent no. 3 filed their separate written statements. On the basis of pleadings, issues were framed and finally the suit was decreed against the petitioner and respondents nos. 2 and 3 vide judgment and decree dated 28.02.2013 by the trial Court. Aggrieved against the same, the petitioner filed Civil Appeal No. 1945 of 2013, titled Pal Inderjit Singh v. Tejinder Singh and others. Since, decree holder, respondent no. 1, herein, did not comply with the terms and conditions of the judgment and decree dated 28.02.2013, the petitioner filed application under Section 28 of the Specific Relief Act for rescission of the agreement of safe dated 10.03.2005. But that has not been decided so far.

(2.) IT is the prayer of the petitioner in the revision petition that the first Appellate Court should be directed to defer the hearing of the appeal until the decision in the application of the petitioner that has been moved by him under Section 28 of the Specific Relief Act for rescission of the agreement of sale dated 10.03.2005.

(3.) SO , the instant revision is not maintainable, as no order was passed by the first Appellate Court on the prayer of the petitioner. He should approach the first Appellate Court by moving application in this regard for staying the hearing of the appeal till the disposal of application under Section 28 of the Specific Relief Act by the trial Court and if the order in favour of the petitioner is not passed, in that event, that order may be challenged by him through revision in this Court.