HARBANS SINGH CHEEMA Vs. CHARANJIT SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is for setting aside order dated 17.09.2015 (P-4) passed by learned Civil Judge (Jr. Divn.) Ludhiana.

(2.) The respondent-Charanjit Singh purchased the property bearing No. 130-L, Model Town, Ludhiana as per the site plan dated 21.04.1980 attached in the execution application of the judgment and decree dated 25.04.1978 in Civil Suit No. 104 of 1971 by the then Sub Judge, First Class, Ludhiana in favour of Charanjit Singh. No objections were filed by the judgment-debtor before confirmation of the sale and issuance of the sale certificate. The above said property was attached and sold due to non-compliance of judgment and decree dated 25.04.1978 by the then learned Sub Judge Ist Class, Ludhiana in Civil Suit No. 104 of 1971, despite the issuance of warrants of arrest against the judgment debtor and rather an application dated 28.10.1980 has been filed on behalf of the judgment debtor through his counsel to the effect that the judgment debtor has no objection if his property already attached was ordered to be sold. After the sale certificate was issued, the petitioner-Judgment Debtor filed objections dated 09.01.1982 and the objection application was dismissed by learned Sub Judge, Ist Class, Ludhiana on 06.04.1983 on the ground that the same has been filed after the issuance of the sale certificate and the only remedy to challenge the sale by means of a separate suit. The revision was filed against the order dated 06.04.1983, which was also dismissed.

(3.) Thereafter, the judgment-debtor filed a civil suit No. 458 of 10.09.1983 and had challenged the sale of the property and the suit was dismissed on 18.02.1985. The appeal was dismissed by the learned ADJ, Ludhiana and R.S.A was also dismissed by this Court on 22.04.2009. The judgment debtor also filed an application for grant of ad interim injunction under Order 39 Rule 1 and 2 CPC and the same was also dismissed vide order dated 11.10.1983 and in Misc. Civil Appeal against the said order dated 11.10.1983, an undertaking was got recorded by the Court of Hon'ble District Judge, Ludhiana not to disturb the same till the disposal of the suit in case the judgment debtor complete his evidence in the trial Court by 30.04.1984. The judgment debtor after dismissal of the suit on 18.02.1985 preferred a Civil Appeal on 216/37 of 1985 and in the said Civil Appeal, the judgment debtor has also filed an application under Order 39 Rule 1 and 2 restraining the decree holder as well as auction purchaser to dispossess during the pendency of the appeal and ad-interim staying the dispossession of the judgment debtor was passed vide order dated 20.04.1985 and the said appeal was dismissed, vide judgment and decree dated 10.01.1986. Thereafter, the judgment debtor challenged the decree dated 18.02.1983 and 10.01.1986 before this Court in R.S.A No. 278 of 1986 and in the said R.S.A, further proceedings of recovery of possession in the trial Court/Executing Court was stayed till further orders vide order dated 03.02.1986. The said R.S.A was got dismissed for want of prosecution by the judgment debtor with an intention to cause further delay in order to retain the possession of the property in dispute and now the judgment debtor again filed an application for restoration of the R.S.A, which was dismissed on 22.04.2009 and thus all the interim orders came to an end on that very day. Thus, the applicant was entitled to the delivery of possession by issuance of warrants of possession being bonafide purchaser of the property bearing No. 130-L, Model Town, Ludiana. Thereafter, the respondent filed four applications on 09.02.2010 i.e application under Order 21 Rule 95 CPC for issuance of warrants of possession in favour of the auction purchaser Charanjit Singh through his LR's, application for compliance of judgment and decree dated 31.05.2011, application for dismissal of the application under Order 21 Rule 95 CPC being barred by time and application for establishing the identity of the property and for appointment of local commissioner, being auction purchaser of H. No. 130-L, Model Town, Ludhiana on the basis of sale certificate dated 18.11.1991 in execution of the decree dated 25.04.1978 passed in Civil Suit No. 104 of 1971 by the Court of Sub Judge, Ist Class, Ludhiana. The deceased Charanjit Singh was the highest bidder of the property in the Court auction held on 2.9.1981, which was confirmed on 28.10.1981 and a sale certificate was issued on 28.11.1981. After the sale certificate was issued, the petitioner-Judgment Debtor filed objections dated 09.01.1982 and the same was dismissed by learned Sub Judge, Ist Class, Ludhiana on 06.04.1983. The revision was filed against the order dated 06.04.1983, which was also dismissed.