SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(P&H) 2661

HEMANT GUPTA
Nirdosh Kumar – Appellant
Versus
Vijay Kumar – Respondent


Judgment

Hemant Gupta, J.

1. Challenge in the present revision petition is to the order passed by learned Executing Court on 12.6.2010 whereby the learned Executing Court framed issues and stayed the execution proceedings in the objections filed by Tarlok Kumar, Objector.

2. The petitioner filed a suit for specific performance of an agreement dated 12.9.1997 executed by Vijay Kumar, the owner of the suit property. The said suit for specific performance was decreed by learned trial Court on 8.9.2004. The first appeal filed by the defendant was dismissed on 19.8.2008. The regular second appeal filed by defendant was also dismissed orr4.3.2009. Thereafter, in the execution of the decree for specific performance, the sale deed has been executed on 19.6.2009. At the stage of taking possession, in pursuance of the decree of the sale deed, the respondent No. 2-Tarlok Kumar filed objections under Order 21 Rule 97 of Code of Civil Procedure alleging himself to be in physical possession of the suit property in terms of an agreement dated 9.10.1996. It is also pointed out that, he has filed a suit for specific performance against Vijay Kumar. In view of the said fact, respondent No. 2 (referre























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top