ANU SHARMA Vs. SAVITRI DEVI

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiffs Savitri Devi and others had brought a Civil Suit No.554 of 18/12/2009 for possession by way of specific performance of agreement to sell dtd. 8/4/2008 with regard to 9 bighas 4 biswas and 10 biswasis of the land situated at village Janetpur, Tehsil Derabassi, District SAS Nagar(Mohali). After contest that suit was decreed by the Court of Additional Civil Judge (Sr.Divn.), Derabassi on 28/10/2014.

(2.) Feeling aggrieved by the said judgment and decree, defendant Anu Sharma had filed an appeal before District Judge, SAS Nagar(Mohali). She had filed an application for staying operation of judgment and decree passed by the Lower Court. Nevertheless the plaintiffs/decree/holders filed an execution petition in the Court of Addl.Civil Judge(Sr.Divn.), Derabassi, which was entertained and notice was ordered to be issued to defendant/JD. However, before the presence of defendant/JD could be procured, the execution application was dismissed in default for non-appearance of the decree holders/their counsel on 21/11/2015. However, on 26/11/2015 on application having been filed by the decree-holders, the execution application was restored and original record was ordered to be summoned. The Court had fixed the case for arguments. The grouse of the defendant/JD is that no notice was issued to her when execution application was filed or when after its dismissal, an application for restoration of the execution application was moved. Therefore, order passed in the execution application are null and void and deserve to be set aside.

(3.) According to the revision petitioner/defendant/JD on 11/4/2017, Sh.Kuldip Singh, Steno working in the Court of Addl.Civil Judge(Sr.Divn.), Derabassi was appointed as Local Commissioner for execution and registration of the sale deed in favour of the decree-holders without waiting for outcome of appeal pending before Additional District Judge, SAS Nagar(Mohali) and no opportunity was given to the defendant/JD to file objections to the draft sale deed, rather it was approved in absence of the revision petitioner/JD. Thereafter, the Executing Court issued warrants of attachment against defendant/JD for the purpose of delivering possession of the land to the decree-holders.