BHAGGA Vs. PREM SHANKAR

JUDGEMENT

(1.) The matter comes-up on application for leave to appeal filed by the applicant seeking to question the legality and validity of judgment and decree dated 27.01.2014 passed by the Additional District Judge No.1, Udaipur.

(2.) It is, inter alia, indicated that the respondent No.1-plaintiff filed a suit for specific performance against the respondents No. 2 to 5 in relation to land situated at Village-Nauvaa, Tehsil-Mavli, District-Udaipur; the total land was 36 Bigha 18 Biswa of which the application is joint owner with the respondents No. 2 to 5. The decree for specific performance was passed ex-parte on 27.01.2014 qua 1/3rd portion of the land in question.

(3.) It is submitted that thereafter, on execution being sought of the decree in question, on 04.01.2019 the executing court directed that either actual possession be handed over or symbolic possession of the land in question be handed over to the plaintiff. Pursuant thereto, on 11.02.2019, symbolic possession has been handed over to the plaintiff.