RAMJI LAL Vs. RADHEY SHYAM JHUNJHUNUWALA

JUDGEMENT

(1.) The brief facts relevant for consideration to adjudicate the issue involved in the present writ petition are that the petitioner/ plaintiff filed a suit for specific performance of contract and perpetual injunction on 17/11/2014 before the Court of learned Civil Judge, Jhunjhunu (for short 'the learned trial court'). Treating the service of summons effected upon the respondent Radhey Shyam Jhunjhunuwala and his non-appearance before the Court, an order for ex-parte proceedings was passed on 17/1/2015 and likewise the ex-parte proceedings were ordered against the respondent -Ritesh on 22/7/2015.

(2.) The petitioner /plaintiff got examined two witnesses and the evidence was closed on 3/9/2015. Finally, after hearing the arguments the learned trial court passed an ex-parte judgment and decree dtd. 11/1/2017 and decreed the suit in favour of the petitioner/ plaintiff.

(3.) After the ex-parte judgment and decree, the petitioner /plaintiff filed an application for execution of the judgment and decree which was numbered as 4/2017, Ramji Lal Vs. Radhey Shyam & Ors. On the application for execution of the decree, the Executing Court issued notices for the objections and thereafter, respondent Radhey Shyam appeared through his Counsel on 20/7/2017 and lateron respondent- Ritesh also appeared before the Executing Court. When the respondents/ judgment debtors did not submit any objections, the Executing Court closed their right to file objections on 22/2/2018 and the Executing Court further ordered the Sub-Registrar for registration of the sale deed. Thereafter, the sale deed was registered in favour of the petitioner/plaintiff- Ramji Lal on 28/2/2018 and consequence thereof mutation of the land which is subject matter of the sale deed was also opened in his name.