HIRA LAL & OTHERS Vs. SITA RAM

JUDGEMENT

(1.) The petitioners have challenged the order dated 8.4.2010 passed by Civil Judge (Jr. Div.) and Judicial Magistrate, Bandikui, whereby the learned Magistrate has rejected the objections filed by the petitioner-defendants through their application under Section 47 CPC.

(2.) The brief facts of the case are that the plaintiff-respondent, Sita Ram, had filed a suit for specific performance against the original petitioner, Harbux with regard to an agreement to sell dated 16.11.1990. According to the plaintiff-respondent, Harbux had sold one-third share of the land bearing khasra Nos.4247, 4248 and 4249 admeasuring 5 Bigha 15 Biswa in his favour. Harbux expired on 2.6.1993; thereafter, the petitioners' names were entered in the revenue records. By judgment and decree dated 2.8.2008 the learned trial court decreed the suit in favour of the plaintiff-respondent. Subsequently the plaintiff-respondent initiated execution proceedings. The petitioners filed an objection under Section 47 CPC. However, by order dated 8.4.2010 the learned Magistrate has dismissed the application. Hence, this petition before this court.

(3.) Mr. Sanjay Joshi, the learned counsel for the petitioners has vehemently contended that one of the issues before the learned trial court was with regard to the admissibility of the agreement to sell dated 16.11.1990. The petitioners had also raised the same issue before the learned Executing Court. However, the learned Magistrate, without appreciating the objections raised by the petitioners, has dismissed their objections. Therefore, the impugned order deserves to be set aside.