MOHD HANIF Vs. MOHD INDRESS

JUDGEMENT

(1.) Petitioner has challenged the order dated 26.09.2017 passed by executing Court and judgment dated 12.12.2017 passed by Additional District Judge, Sangrur vide which third party objections filed by the petitioners were dismissed concurrently.

(2.) Perusal of the record would show that in a suit for specific performance filed by the plaintiff/respondent No.1 against respondent Nos.2 to 6, an alternative decree for recovery was passed by Civil Judge (Junior Division), Malerkotla vide judgment and decree dated 21.01.2011.

(3.) An appeal was preferred by the plaintiff himself before the Lok Adalat presided over by Additional District Judge, Sangrur. A compromise was effected between the parties before the Lok Adalat. On the basis of compromise, trial Court decree was modified. Appeal was allowed and suit for specific performance was decreed on the basis of agreement to sell dated 21.02.2003. Respondents were restrained from executing the sale deed in favour of any other person except the plaintiff. The award was passed. Plaintiff was held entitled to get the sale deed executed from the respondents as per terms and conditions of the agreement to sell dated 21.02.2003 on depositing the balance sale consideration within one month and respondents were held to be bound by their statements suffered in the Court. Respondents were directed to execute the sale deed in terms of agreement to sell dated 21.02.2003, failing which the plaintiff was held entitled to get the sale deed executed and registered with the process of the Court in accordance with law. The award was passed on 22.12.2012 by the Presiding Officer of Lok Adalat, Sangrur.