RAVI Vs. VINOD KUMAR

JUDGEMENT

(1.) The present petition has been directed against order dated 27.1.2016 (Annexure P-6) passed by the Civil Judge (Junior Division), Hisar, dismissing the objections preferred by the judgment debtor/petitioner. Further prayer has been made for setting aside order of even date (Annexure P-7) whereby the court has issued warrants for sale of house of the petitioner.

(2.) Vinod Kumar, respondent (decree holder) filed a suit for possession by way of specific performance of agreement to sell dated 7.2.2005 in respect of a residential house No. 47-A situated at Raja Ram Garden, Kaimari Road, Hisar and in the alternative, prayer for recovery of Rs. 80,000/- with interest was made. The suit was disposed of by the trial court vide judgment and decree dated 31.1.2012 and the respondent was allowed alternative relief of recovery of Rs. 40,000/- along-with interest. Ravi and others filed an appeal against the judgment and decree passed by the trial court but the same was dismissed by the District Judge, Hisar vide judgment and decree dated 1.12.2012 and the decree of the trial court was affirmed.

(3.) Ravi, the present petitioner filed objections against the application for execution of the decree passed in favour of the respondent and the same were dismissed vide the impugned order (Annexure P-6) and the attached property was ordered to be put to auction for realisation of the decretal amount.