LAWS(P&H)-2018-11-75

KISHAN LAL Vs. MAHESH KUMAR

Decided On November 13, 2018
KISHAN LAL Appellant
V/S
MAHESH KUMAR Respondents

JUDGEMENT

(1.) Petitioners have challenged the order dated 17.12.2014 passed by Civil Judge (Senior Division), Rewari, whereby two applications filed by the petitioners were dismissed with costs.

(2.) One application was filed for staying the confirmation of sale under Order 21 Rules 58, 59 read with sections 141 and 151 CPC. Another application was filed under Sec. 47 read with sections 141 and 151 Code of Civil Procedure by the LRs of Kishan Lal on the ground that the decree has not been passed on merits.

(3.) Applications were contested by the decree holder on the ground that the applications were filed to delay the matter and the same were not maintainable. Applicants were stopped by their own act and conduct. Kishan Lal was the judgment debtor. Kaushal Kishore was son of Kishan Lal. Legal heirs of Kishan Lal filed objections on 19.12.2009 which were dismissed by the executing Court on 29.05.201 The appeal filed by the legal heirs was also dismissed by the Additional District Judge, Rewari on 12.05.2014. Thereafter, vide order dated 30.07.2014, Desh Raj was appointed as Local Commissioner to execute the sale deed in favour of the decree holder. Sale deed No.337 dated 07.08.2014 was executed and registered in favour of the decree holder.