PRITAM SINGH Vs. KARAN GARG

JUDGEMENT

(1.) Petitioners are aggrieved of the orders dated 23.09.2015 and 04.05.2016 passed by the Civil Judge (Jr. Divn.) Dhuri vide which objection petition under Order 21, Rule 34 CPC was dismissed and the objections filed by the judgment-debtors in the execution were also dismissed.

(2.) Brief facts are that the respondent filed a civil suit for specific performance of the agreement to sell dated 13.11.2006 and for permanent injunction in respect of half share in the suit property. The suit was decreed by the Civil Judge (Jr. Divn.) Dhuri with costs and the defendants were directed to execute the sale deed within a period of two months in favour of the plaintiff on receipt of balance sale consideration. The plaintiff was also directed to deposit the balance sale consideration within one months. However, it was made clear that if the defendants did not execute the sale deed within a period of two months, the plaintiff was held entitled to execute the sale deed through the process of the Court. Defendants were further restrained from alienating the suit property to any other person except the plaintiff.

(3.) Against the judgment and decree of the trial Court, the judgment-debtors filed Civil Appeal No. 8-A of 2010 before the lower Appellate Court on 24.02.2010 i.e. within the period of two months. It was not denied by the petitioners/judgment-debtors that the execution of judgment and decree dated 15.01.2010 was stayed by the lower Appellate Court in the aforesaid appeal. Ultimately the appeal was dismissed by the lower Appellate Court vide judgment and decree dated 05.11.2012. Thereafter the decree holder deposited the balance sale consideration on 11.12.2012.