KULDEEP KUMAR SHARMA Vs. RANDEEP RANA

JUDGEMENT

(1.) Petitioner herein is the Judgement Debtor before Ld. Executing Court. He is aggrieved by the impugned order dtd. 18/4/2023 passed by the executing court of ACJ(SD), whereby the application moved by him under Order 26 Rule 10 (2) CPC for examination of the Local Commissioner i.e. Naib Tehsildar, Karnal and Mr. Nitin, Junior Engineer (Civil), Panchayati Raj Karnal, has been dismissed.

(2.) As the paper book would reveal, the suit for specific performance filed by the plaintiff-Decree Holder (Respondent herein) was decreed by learned Additional Civil Judge (Senior Division), Karnal vide judgment dtd. 14/3/2017. The said judgment attained finality, inasmuch as the appeal filed by the JD - defendant (petitioner herein) was dismissed by the Appellate Court on 1/9/2021 and Regular Second Appeal filed by him was dismissed by this Court on 18/2/2022.

(3.) The suit property comprises of a showroom and plot within the boundary wall as shown in the site plan. As per the terms of agreement between the parties, it had been agreed that measurement will be taken at the time of execution of the sale deed and whatever area would be found, the sale deed of the said area would be executed for the price of the said area only.