CHET RAM Vs. KRISHAN SINGH

JUDGEMENT

(1.) Despite service, none has come present on behalf of the respondent, as such, he is proceeded against ex parte.

(2.) Instant petition filed under Art.227 of the Constitution of India, is directed against order dated 10.9.2018 passed by learned Civil Judge (Senior Division), Kandaghat, District Solan, Himachal Pradesh in Case No. 5-K/10 of 2015, whereby an execution petition filed by the petitioner/plaintiff/ Decree Holder (hereinafter, 'plaintiff') has been disposed as fully satisfied.

(3.) For having a bird's eye view, facts, as emerge from the record are that the plaintiff filed a suit for recovery of Rs.6,80,000/- (Rs.5.00 Lakh Principal amount and Rs.1,80,000/-, interest from 1.8.2012 to 31.7.2015) against the respondent/defendant/judgment debtor (hereinafter, 'defendant'). Plaintiff averred that the defendant Krishan Singh being his Attorney, sold his property for a valuable consideration of Rs.16,20,000/-, but thereafter, he despite repeated requests, failed to pay the sale consideration realized by him, after selling the suit property belonging to the plaintiff.