1. Mst. Farei D/o Ahmad Ganai R/o Bagati Kanipora, Tehsil Chadoora, District Budgam, co-sharer and close relation of the petitioner, sold a plot of land measuring I Kanal comprising Survey No. 361/124 vide sale deed dated 21.05.2005 to Shri Mohd Abdullah Sheikh S/o Gh. Mohd Sheikh R/o Gogu Tehsil and District Budgam. The petitioners cxonvinced that they had right to purchase in respect of the aforesaid land as co sharers, decided to exercise the right and accordingly filed a Civil Suit tilted Haji Mohd Shaban Ganai and anr. v. Mohd Abdullah Ganai and anr., registered as 152/Numbari dated 13.10.2005 in the Court of District Judge, Budgam.

2. Shri Mohd Abt'ullah-vendee and Mst. Farzi-vendor were arrayed as defen#31;dants 1 and 2 in the suit. The suit was assigned to the Court of learned Sub Judge Budgam. The suit was decreed in exparte on 29th June, 2006. The petitioners were directed to deposit rest of the consideration amount (less by l/5th already depos#31;ited), with the Court for its payment to the judgment debtors. The petitioners after suit was decreed in their favour, filed an execution petition on 19.01.2008.

3. Shri Mushtaq Ahmad—present respondent, filed a Civil Suit during

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