(1.) The present petition is directed against the order dtd. 19/9/2023, passed by the learned Civil Judge, Kullu, vide which the objections filed by the petitioners and respondents Nos. 3 to 5 (objectors before the learned Trial Court) were dismissed.(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
(2.) Briefly stated, the facts giving rise to the present petition are that the plaintiff filed a suit against Parveen Chand, the original defendant (respondent No.2 before this Court) and State Bank of Patiala (now merged with State Bank of India) for specific performance of the agreement. The suit was decreed by the learned Trial Court on 22/7/2020 and defendant Parveen Chand was directed to perform his part of the agreement specifically after the receipt of sale consideration. Subsequently, the plaintiff/DH filed a petition under Order 21 Rule 34 of CPC for the execution of the judgment and decree. He asserted that he had deposited ?3,00,000/- before the learned Court on 28/7/2020. He found after obtaining Jamabandi that the defendant had transferred the suit land to the predecessor of objectors despite the pendency of the Civil Suit. A mutation was also sanctioned. Hence, it was prayed that the subsequent seller be directed to join the execution of the Sale Deed and deliver the possession. The Sale Deed and mutation in favour of their predecessor-in-interest be declared null and void.
(3.) The objectors filed an objection petition taking preliminary objections regarding the petitioner/DH having obtained the decree by concealing the facts, the objectors being bona fide purchasers for consideration and the execution petition being not maintainable. It was asserted that the objectors were not served in the suit and the ex parte decree was wrongly passed without any notice. They are bona fide purchaser for consideration and a decree cannot be executed against them. Therefore, it was prayed that the execution petition be dismissed.