MANGAL SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) Petitioner-Defendant No.2-judgment debtor is in revision petition against the impugned order, whereby the objections filed by him vis-a-vis the decree dated 24.4.2012 granting specific performance of the agreement to sell dated 12.5.2007, had been dismissed.

(2.) It would be in the fitness of things to give brief preface of the matter.

(3.) Respondent-Plaintiff instituted a Civil Suit No.530 of 22.7.2008 seeking specific performance of the agreement to sell aforementioned, which was decreed by the trial Court vide judgment and decree dated 24.4.2012, whereby the respondent-plaintiff was given two months' time to deposit the balance sale consideration with a further direction to the petitioner-defendant to execute the sale deed in favour of the respondent-plaintiff. The aforementioned judgment and decree was assailed by the petitioner-defendant vide Civil Appeal No.2352 of 18.5.2012 (i.e. Before the period of two months could expire). The aforementioned appeal was dismissed vide judgment and decree dated 2.1.2014. The Regular Second Appeal No.2890 of 2014 was preferred before this Court, which was dismissed vide judgment dated 29.9.2014. During the pendency of the aforementioned regular appeal, respondent-plaintiff submitted an application (Annexure P-6) dated 8.8.2014 seeking permission of the Court to deposit the balance sale consideration, i.e., Rs. 3,30,000/-. On 30.8.2014, the trial Court passed the order (Annexure P-7) on the execution application along with misc.application, which reads thus:- <FRM>JUDGEMENT_101_LAWS(P&H)3_2018_1.html</FRM>