MANGAL CHAND Vs. BABULAL

JUDGEMENT

(1.) All these writ petitions are being disposed of by this common order, as the issues involved in these writ petitions are interconnected.

(2.) For the sake of convenience, the facts relevant for adjudication of the present controversy are being taken from S.B. Civil Writ Petition No.19098/2024.

(3.) A suit for specific performance of a sale agreement dtd. 20/7/1993 was filed by Respondent No.2, Onkar Mal, in which a decree for specific performance was passed on 28/11/2000 against the present petitioner, Defendant No.1/1, Mangal Chand. Thereafter, the original decree-holder-respondent No.2 filed execution application before Additional District Judge, Churu (for short "the Executing Court"). On 26/6/2006, respondent No.2 appeared before the Executing Court and admitted that he had received partial possession. He also admitted that he had sold the decree to respondent No.1-Babulal, and does not want to press the execution application, which led to dismissal of the execution application, as not pressed. Respondent No.1, thereafter filed execution application on 6/9/2012 against which the present petitioner filed an objection before the Executing Court, which came to be rejected vide order dtd. 14/2/2022 aggrieved by which the petitioner preferred the writ petition (S.B. Civil Writ Petition No.3961/2022) with the following prayers:-