SHOBHA KANT KUNWAR Vs. BAIDYANATH CHAUDHARY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner had brought Title Suit No. 225 of 2005 against the opposite party herein for specific performance of contract to execute sale deed in favour of the petitioner in respect of the immovable property mentioned in the agreement. Ex parte judgment and decree was passed in the suit on 14.11.2006.

(3.) It has been informed that the opposite party has brought Miscellaneous Case No. 19 of 2007 for setting aside the ex parte decree. In the meantime, petitioner filed Execution Case No. 04 of 2007 for execution of the ex parte decree aforesaid. As per direction in the decree, the petitioner was to deposit remaining consideration amount of Rs. 40,000/- (rupees forty thousand) within ninety days. However, the same was not being deposited by the petitioner, hence, by order dated 07.08.2010, the Execution Court directed the petitioner to deposit Rs. 40,000/- (rupees forty thousand) and to produce receipt of deposit. In pursuance of that the petitioner deposited Rs. 40,000/- (rupees forty thousand) and produced receipt which would be evident from the order dated 23.10.2010 passed by the Execution Court.