MANOHAR LAL Vs. KUSUM LATA MALHOTRA & ORS.

JUDGEMENT

(1.) This petition is instituted against the order dated 21.5.2014, rendered by the learned District Judge (Forests), Shimla and also against the orders dated 16.1.2015 and 20.2.2015, passed by the learned Addl. District Judge-I, Shimla in Execution Petition No. 35-S/10 of 14/09.

(2.) Key facts, necessary for the adjudication of this petition are that respondent-decree holder instituted a civil suit No. 4-S/1 of 2008 for specific performance of the agreement against the proforma respondent/JD Sh. Devi Saran. The proforma respondent No. 2 was proceeded against ex parte by the learned trial Court. The suit was decreed by the learned Addl. District Judge, (FTC), Shimla on 21.1.2009 and decree for specific performance of the agreement dated 3.9.2007 was passed in favour of the decree holder and against the judgment debtor. The judgment debtor was directed to execute the conveyance deed of the disputed land after the receipt of the balance sale price from the decree holder within 3 months from the passing of the judgment. The decree holder filed Execution Petition bearing No. 35-S/10 of 14/09 for the execution of the judgment and decree dated 21.1.2009. In the Execution Petition, the petitioner/objector filed the objections. According to him, his father was missing since Nov., 2007 and he was not traceable. The complaint was also lodged with the Police Station (West), Boileauganj. He came to know about the suit when the court had issued notice in the name of Sh. Devi Saran for his appearance on 16.12.2010. According to him, no legal and valid service of Sh. Devi Saran was effected in the suit. The learned District Judge (Forests) Shimla, dismissed the objections on 21.5.2014. Thereafter, the consequential orders dated 16.1.2015 and 20.2.2015 were passed by the learned Addl. District Judge-II, Shimla. Hence, this petition.

(3.) I have heard Mr. R.K. Bawa, Sr. Advocate, for the petitioner and gone through the impugned orders dated 21.5.2014, 16.1.2015 and 20.2.2015, carefully.