(1.) By this petition, the petitioner challenges the order passed by the executing court dated January 30, 2017 (Annexure P-6), by which objections filed by the petitioner and his co-defendant, i.e. the judgment debtors, against the execution of the decree issued in favour of the respondent-plaintiff on 23/8/2017, in the civil suit instituted by him on May 08, 1996, have been dismissed.
(2.) Ms. Rittam Aggarwal, learned counsel for the petitioner, submits that the execution court has wholly misappreciated the fact that vide the aforesaid decree (Annexure P-1), the suit of the plaintiff-respondent seeking specific performance of an agreement of sale dtd. 29/9/1995, executed by the present petitioner through his attorney (with a general power bestowed upon him), who was defendant no.1 in the suit, was decreed in his favour directing the respondent-decree holder, i.e. the plaintiff, to deposit the remaining amount as remained to be paid (along with expenses for the registration of the sale-deed), within two months from the date of the passing of the decree, i.e. 23/8/2007. Thereafter the petitioner herein, i.e. defendant no.2 judgment debtor, was to get the sale deed registered qua the suit property within two months of the sale consideration being made, failing which (the execution of the sale deed), the plaintiff would be entitled to his recourse under law.
(3.) That judgment and decree was challenged by the petitioner and his co-defendant (who was his attorney, Rakesh Kumar), by way of a first appeal on September 26, 2007, on which date while admitting the appeal for final hearing, the operation of the "entire judgment and decree" passed by the trial court was stayed.