NASAR ALI Vs. PARVEEN

JUDGEMENT

(1.) The present petition has been filed by the plaintiff under Article 227 of Constitution of India read with Sec. 151 CPC seeking directions to the Ld. District Court, Malerkotla to expedite and conclude the proceedings arising out of the appeal No.CMA/45/2024 titled as 'Parveen v. Nasar Ali', pending before the Ld. District Court, Malerkotla, (ANNEXURE P-4) within a time-bound period, in the interest of justice.

(2.) Ld. Counsel for the petitioner/plaintiff inter-alia submits that the respondent/defendant had executed an Agreement to Sell dtd. 24/10/2016 in favour of the petitioner for total sale consideration of Rs.8.00 lacs, out of which plaintiff paid Rs.3,50,000.00 as earnest money. It was mutually agreed that Sale Deed would be executed and registered on 24/10/2017. Plaintiff remained present in the Tehsil, but the respondent failed to appear to execute the sale deed as agreed. As such, the plaintiff instituted suit for specific performance; in which the respondent was proceeded ex-parte. The suit was decreed ex-parte in favour of the plaintiff vide judgment dtd. 15/10/2022 (Annexure P-1). No appeal was filed against the said judgment.

(3.) Then the plaintiff initiated execution proceedings to enforce decree dtd. 15/10/2022 (Annexure P-2). However, the respondent kept on delaying the plaintiff's lawful rights and filed an application under Order 9 Rules 7 and 13 read with Sec. 151CPC to recall the ex-parte decree. The said application was dismissed by the learned trial Court vide order dtd. 20/2/2024 (Annexure P-3).