DINESH KUMAR Vs. BALDEV RAJ AND ANOTHER

JUDGEMENT

(1.) This petition is filed against the order dated 06.09.2011 by which appeal filed by the petitioner, against the order of the Executing Court dismissing his objection, has been dismissed as not maintainable.

(2.) The brief facts of the case, as narrated before me, are that respondent no.1 filed a suit for specific performance of an agreement to sell dated 21.10.1999 entered into by him with respondent no.2. The petitioner had purchased the suit property by way of sale deed dated 28.03.2002. Ultimately, the suit was decreed on 21.11.2003 as per which respondent no.1 was directed to deposit a sum of Rs. 10,000.00 towards balance sale consideration within 3 months. The said amount was deposited by respondent no.1 which was even withdrawn by respondent no.2 on 23.02.2004. However, he did not execute the sale deed and rather filed objections on 22.02.2004 to which reply was filed on 08.05.2004 but the said objections were dismissed on 14.06.2005. The Executing Court even ordered for delivery of possession to respondent no.1 through police help.

(3.) The petitioner also filed a suit for permanent injunction against both respondents no.1 and 2 on 13.05.2005 and also filed his objections in the Execution Application on 11.06.2005. However, the said suit was withdrawn by him on 09.10.2009. When respondent no.2 failed to execute the sale deed in favour of respondent no.1 in terms of the decree dated 21.11.2003, the Court got it executed and registered on 31.03.2004 and respondent no.1 not only challenged the decree dated 21.11.2003 based on the compromise but also the sale deed dated 31.03.2004 in favour of respondent no.1. However, the said suit was dismissed on 19.09.2007. The objections filed by the petitioner in the execution petition were dismissed on 18.10.2007 by the Executing Court by framing issues, against which the petitioner filed an appeal which was allowed on 12.01.2008. This led to the filing of CR No.1849 of 2008 at the instance of respondent no.1 which was dismissed on 19.08.2009 and the case was remanded back to the Executing Court and allowed the parties to lead evidence in regard to their objection. As a result of the aforesaid order dated 19.08.2009, the Executing Court framed issues on the basis of the pleadings of the parties and after the evidence was led, dismissed the objection vide his order dated 17.08.2011. Against the said order dated 17.08.2011, the appeal was filed which has been dismissed by the Appellate Court on the ground that it is not maintainable, which led to the filing of the present revision petition.