SULTAN SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) The petitioner has instituted the present Civil Revision Petition under Article 227 of the Constitution of India, seeking the issuance of an appropriate writ, particularly in the nature of certiorari, to quash and set aside the impugned ex-parte interim order dtd. 29/7/2016 passed by the learned Trial Court, Shahabad, Kurukshetra, along with the impugned judgment and decree dtd. 25/9/2017 (Ex. A5 and Ex. A6) rendered by the same Court.

(2.) The essential facts giving rise to the present proceedings are that the plaintiff instituted the present suit for specific performance of the agreement to sell dtd. 25/11/2014, along with possession and permanent injunction. As pleaded, under the said agreement, defendant No. 1 agreed to sell 8 kanals, constituting a 160/298 share of the total 14 kanals 18 marlas, forming part of Khewat No. 65 min, Khatoni No. 69 min, Rect. No. 22, Khasra Nos. 10 (8-16), 13/1/2 (0-2), 18/2/1 (2-14), and 18/1/1 (3-6), the last figure having been erroneously recorded as 3-16 due to a typographical mistake. The land stands reflected in the Jamabandi for 2008 -09 and is situated in village Bapda, Tehsil Thanesar, District Kurukshetra ("the suit property "). This agreement was duly attested by Shri I.C. Saini, Notary Public, Kurukshetra, and entered at Serial No. 8131 dtd. 25/11/2014.

(3.) Upon issuance of summons, the defendants failed to enter appearance and were consequently proceeded against ex parte vide order dtd. 29/7/2016. Thereafter, upon affording the plaintiff an opportunity to adduce evidence and after hearing final arguments, the suit came to be decreed by way of judgment and decree dtd. 25/9/2017.