MEERA SHARMA Vs. JAGJIT SINGH

JUDGEMENT

(1.) DEFENDANTS Meera Sharma and Dalip Ghai have filed this revision petition under Article 227 of the Constitution of India impugning order dated 24.03.2009 (Annexure P-5), passed by the trial court, thereby deciding the preliminary issue regarding bar of res judicata in favour of plaintiff Jagjit Singh.

(2.) PETITIONER no. 1 had earlier filed a suit against respondent for permanent injunction and mandatory injunction relating to Plot no. 289, Sector 40-A, Chandigarh alleging that respondent agreed to sell the suit plot to petitioner no. 1 and received the entire sale consideration and put the petitioner in possession of the suit plot and necessary documents including agreement to sell, Power of Attorney etc. were executed. The said suit was decreed for permanent injunction only restraining the respondent herein from dispossessing petitioner no. 1 herein from the suit plot. However, the said suit regarding relief of mandatary injunction directing the respondent herein to get registered the General Power of Attorney, Special Power of Attorney and Will, as per agreement to sell dated 14.06.1989, was dismissed, vide judgment and decree dated 19.05.1997 (Annexure P-1), upheld in first appeals, preferred by both the parties, vide judgment dated 16.05.2000 (Annexure P-2) and also by this Court in Second Appeal, vide order dated 04.07.2001 (Annexure P-3).

(3.) LEARNED trial court, vide order dated 24.03.2009 (Annexure P-