KAPILDEO NARAYAN SINGH Vs. MITHILESH KUMAR SINGH

JUDGEMENT

(1.) HEARD.

(2.) THE delay in filing the civil revision application is condoned for the reasons given in the condonation petition (I.A. No. 5513/03).

(3.) SO far as the second part of the submission is concerned it merits consideration, inasmuch as the trial court cannot assume jurisdiction of the executing court. The balance consideration having been deposited, if the defendant-petitioner does not execute the sale deed then the proper course was that the plaintiff should have put the decree for execution by instituting an execution proceeding and executing court should execute on failure of the defendant to execute the sale deed. The trial court Page 1715 could not assume the said jurisdiction. I accordingly leave down the judgment of the trial court in this regard only to me for failing to execute the sale deed, as directed the sale deed would be executed in accordance with law. Meaning thereby to put execution of the decree in a duly constituted execution proceeding where it would be open for the petitioners to raise such objection as may be available to him in law.