KALIA Vs. BANSAL PETROLEUM LIMITED

JUDGEMENT

(1.) The decree-holders had preferred the Execution Second Appeal against the judgment rendered by the lower Appellate Court dtd. 24/12/2007 whereby the objections of the third party, M/s Bansal Petroleum Limited, have been accepted and the judgment and decree dtd. 23/8/2006 has been set aside.

(2.) It would be appropriate to refer in brief facts arising out of Civil Suit No.254 of 1998 preceding to the filing of objections by the third party.

(3.) Om Parkash, Jogi Ram, Rameshwar sons of Sh. Jug Lal had entered into an agreement to sell dtd. 24/12/1986 with appellants- plaintiffs, Kalia and Dalel. As per the averments in the civil suit, on account of failure on behalf of the vendors, appellants-plaintiffs instituted the suit aforementioned for specific performance. The trial Court vide judgment and decree dtd. 22/2/1992 dismissed the suit and in the appeal laid before the lower Appellate Court, the judgment and decree of the trial Court was set aside and the suit was decreed vide judgment and decree dtd. 8/2/1997, which had attained finality.