SUDESH RANI Vs. SWETA RANI AND ANOTHER

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India by the objector/petitioner whose objections have been dismissed by the Executing Court on 19.7.2014 (Annexure P/4). The said order has been further upheld in appeal by the Addl. District Judge, Kurukshetra on 12.9.2014 (Annexure P/6) and the appeal has been held to be not maintainable. Also on merits the said authority has dismissed the same by dwelling into the facts and holding that it is only an attempt on the part of the petitioner/objector to prevent the decree of specific performance to be implemented and costs of Rs. 10,000/- have been imposed.

(2.) Counsel for the petitioner has vehemently argued that the Courts below were in error in dismissing the objections without framing the issues and placed reliance upon the judgment of the Apex Court in Brahmdeo Choudhary Vs. Rishikesh Prasad Jaiswal, 1997 3 SCC 694, Tanzeem-e-Sufia Vs. Bibi Haliman, 2002 7 SCC 50, Ashan Devi and another Vs. Phulwasi Devi and others, 2003 12 SCC 219 and Maya Devi Vs. Lalta Prasad, 2014 3 JT 395 to submit that all the questions raised by the objectors have to be comprehensively considered on merits after recording evidence which the Courts below failed to do.

(3.) Counsel for the respondents on the other hand pointed out the conduct of the petitioner and her family members to submit that it is only a concentrated ploy by the family members of the judgment debtor to deny the fruits of litigation to the decree holder. The necessary reference to the facts in order to get behind the controversy in dispute has thus to be firstly gone into by this Court.