SHIV CHARAN Vs. PANKAJ SPINNERS PVT. LTD.

JUDGEMENT

(1.) By medium of this application, the applicants/ appellants have sought directions for consigning Execution Petitions to the records as being fully satisfied as a compromise Whether reporters of Local Papers may be allowed to see the Judgment ? has been arrived at between the parties in terms of Annexure A-1 appended with the application.

(2.) The respondent/non-applicant No.1 instituted a civil suit seeking decree for possession by way of specific performance of agreement dated 20.10.1994 against the appellants/ applicants as well as proforma respondents No.2 to 4. The suit was decreed on 13.06.2008 in respect of land comprised in Khata Khatauni No. 261/281 bearing Khasra Nos. 1289, 1291, 1292 and 1296 total measuring 21 bighas 19 biswas. Further decree for permanent prohibitory injunction was also granted in favour of respondent No.1.

(3.) Against the said judgment and decree, two appeals were preferred before the learned first Appellate Court, who vide its judgment and decree dated 29.10.2008 modified the judgment and decree passed by learned trial Court by holding that the decree of specific performance affirmed in appeal would not be enforceable against S/Sh. Lakhwinder Singh and Nand Lal being successor of one of the vendors Sh. Lachhmi. The first Appellate Court held that Sh. Lakhwinder Singh was minor at the time of institution of the suit, whereas Nand Lal was necessary party but had not been impleaded, thus the decree would not be enforceable against the aforesaid two persons.