PARMINDER SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) This revision petition under Article 227 of the Constitution of India arises out of the order dated 20.9.2018 passed by the Executing Court of the learned Civil Judge (Junior Division)-cum-JMIC, Tohana, District Fatehabad, in CIS No. EXE/30/2015. The said Execution Petition was filed by the decree holder-plaintiff in Civil Suit No. 322-C of 2012, the respondent herein.

(2.) The said suit, filed for specific performance of agreement to sell dated 22.7.2009 with consequential reliefs, was decreed on 6.5.2015 whereby, the defendant in the suit, the petitioner in this revision, was directed to execute the sale deed in favour of the plaintiff, the respondent herein, regarding the suit land after receiving the balance sale consideration within two months from the date of the order. By the impugned order dated 20.9.2018, the Executing Court permitted the plaintiff, the respondent herein, to withdraw the Execution Petition reserving liberty to file a fresh Execution Petition as per law. However, in the body of the order, the Executing Court made various observations on the merits of the matter in the context of the objections raised by the petitioner herein, being the judgment debtor in the Execution Petition.

(3.) Mr. Garg, learned counsel representing the petitioner, would contend that the observations made on merits would adversely affect the rights of his client in the event a fresh Execution Petition is filed pursuant to the liberty granted by the Executing Court. Mr. Markand, learned counsel representing the plaintiff, the respondent herein, would inform this Court that no fresh Execution Petition has been filed as yet pursuant to the liberty granted by the Executing Court but the application filed by the petitioner herein under Order 9 Rule 13 of the Code of Civil Procedure to set aside the ex-parte decree passed in the suit was dismissed on 31.5.2015 and the appeal filed there against is pending consideration.