B.P.SHARMA Vs. PUSHPA CHAUHAN

JUDGEMENT

(1.) THIS petition is directed against the order dated 02.06.2010, passed by the learned Civil Judge (Senior Division), Court No. 1, Shimla, H.P. in Case No. 27/10 of 2005.

(2.) MATERIAL facts necessary for adjudication of this petition are that the petitioners/decree -holders (hereinafter referred to as "the decree -holders" for convenience sake) had filed a suit for specific performance of contract and in the alternative for damages in the Court of learned Sub Judge, 1st Class, Court No. 1, Shimla on 01.07.1995. Learned Sub Judge, 1st Class (1), Shimla dismissed the suit for specific performance of contract on 01.08.2003. However, the decree -holders were held entitled to recover a sum of ' One lac from the defendant alongwith interest at the rate of 6% per annum from the date of filing of the suit till the realization of the said amount, on making good deficiency in Court fee affixed, within 7 days from the date of judgment.

(3.) DECREE -holders filed an Execution Petition in the Court of learned Civil Judge (Senior Division) (1) on 19.10.2005. The Objections were filed to the Execution Petition on 23.10.2006. The decree - holders filed reply to the same on 21.06.2007. Learned Civil Judge (Senior Division), Court No. 1, Shimla sustained the objections and the Execution Petition was dismissed on 02.06.2010. Hence, this Revision Petition.