RENU SHARMA Vs. C.K.MAITRA

JUDGEMENT

(1.) Civil Revision Petition No.67 of 2015 stands directed against the impugned order of the learned District Judge, Forest, Shimla whereby he allowed the application preferred thereat by the applicant - JD/respondent herein under Section 28 of the Specific Relief Act (for short hereinafter referred to as 'the Act'). In sequel, the agreement of sale recorded inter se the petitioner herein and the respondent herein stood set - aside, with a sequelling effect whereof of the rendition of the learned Additional District Judge, Fast Track Court recorded in Civil Suit No.72 -S/1 of 2004/1999 rendition whereof stood affirmed by this Court in its decision recorded in RFA No.351 of 2005, standing also quashed and set -aside.

(2.) Civil Revision Petition No.68 of 2015 stands directed against the orders rendered on 30.03.2015 by the learned District Judge (Forests), Shimla on the Execution Petition preferred thereat by the decree holder - petitioner whereby her prayer for execution of the decree rendered by the learned Additional District Judge, Fast Track Court, Shimla, H.P., decree whereof stood affirmed by this Court in its decision recorded in RFA No.351 of 2005, stood declined to her.

(3.) Since both the orders impugned in the Civil Revision Petitions aforesaid stand hinged upon the decree of the learned Additional District Judge, Fast Track Court, Shimla, decree whereof stood affirmed in appeal by this Court in its judgment recorded in RFA No.351 of 2005 besides stand hinged upon apposite conditional decree, consequently when both also stand embroiled in a factual matrix common to each essentially the one impinging upon the effect of disobedience if any at the instance of the decree holder -petitioner herein of the mandate of the apposite conditional decree aforesaid, both warrant theirs standing disposed of by a common judgment.