TASVEER PAUL KAUR Vs. SUKHMAHINDER SINGH

JUDGEMENT

(1.) This appeal is directed against the orders passed by the Civil Judge (Senior Division), Sirsa dated 31.5.2008 and learned Addl. District Judge, Sirsa dated 3.6.2008 by which the objections filed by the appellant in the execution of the decree have been dismissed.

(2.) BROADLY , the facts of the case are that respondent No. 1 (Sukhmahinder Singh) filed Civil Suit No. 587-C of 1998 for possession by way of specific performance of an agreement to sell against respondent No. 2 (Nachhattar Kaur) in respect of land measuring 34 kanal 9 marla falling in Sq. No. 7/6 (6-18), 7/1 (3-7), 14/2 (3-12), 15 (5-18), Sq. No. 8/9/2 (2-7), 10(6-2), 11(4-13) 12/1(1-12) situated in village Raghuana, Tehsil and District Sirsa (in short,'the suit land'). Respondent No. 2, entered into an agreement to sell with respondent No. 1 in respect of the aforesaid land for a consideration of Rs. 1,00,000/- per acre. Respondent No. 3. (Jagroop Singh) who was impleaded in the suit was later on given up by respondent No. 1. The learned Civil Judge (Junior Division), Sirsa decreed the suit on 4.5.2002 and ordered that "the suit of the plaintiff succeeds and the same is hereby decreed with costs. A decree for possession by way of specific performance of agreement for sale duly executed by defendant No. 1 dated 18.11.1997 in favour of the plaintiff in respect of the suit land at the rate of Rs. 1,00,000/- per acre is hereby passed in favour of the plaintiff. The plaintiff is directed to deposit the remaining sale consideration amount within a period of three months from the date of decree and the defendant is directed to get the sale deed executed and to hand over the possession of the suit land to the plaintiff within a period of one month from the date of depositing the remaining sale consideration by the plaintiff".

(3.) DURING the pendency of this appeal, the appellant filed an application under Order 41 Rule 6 (2) read with Rule 8 of Code of Civil Procedure,1908 (for short,'CPC') before the executing Court for stay of execution till the decision of the present appeal pending before this Court. The said application was taken up on 14.6.2008 in which the following order was passed by the executing Court :- "P.A. filed and an application under Order 41 Rule 6(2) read with rule 8 CPC for staying execution of warrants of possession till the decision of the appeal pending before the Hon'ble High Court read with Order 41 Rule 5 (10) has been moved. When asked, learned counsel for the DH requests some time for filing of reply to the same. Let, file be now put up after lunch for reply and consideration on this application". Then, on the same date, following order was also passed :- "Reply to the application filed. At this stage, during the course of arguments, it has been brought to the notice of this Court that warrant of possession as ordered on previous date of hearing has been executed. Civil Ahlmad has furnished a report to this effect that warrant of possession duly executed has been received by him. As such no further action is called for on this application under Order 41. At this stage, Ld. counsel for the DH has requested an adjournment on the point as regards disbursement of remaining sale consideration. Now to come up on 23.8.2008 for arguments on the same".