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ARVIND SINGH SANGWAN
Saroj Kanta – Appellant
Versus
Jai Parkesh – Respondent
JUDGMENT
Arvind Singh Sangwan, J. - The petitioner alleges violation of the order dated 10.3.2014, vide which while adjourning the RSA No.2142-2013 to 29.8.2014, it was directed that 'In the meantime, execution of the impugned decree shall remain stayed.'
The case file of RSA No.2142-2013 is summoned and interim orders are perused.
2. Brief facts of the case are that a civil suit was filed by respondent No.1/Jai Parkesh-plaintiff on 20.4.2007 praying for decree of possession by way of specific performance of an agreement to sell dated 28.12.2006 regarding 01 Bigha 12 Biswas of land for a total consideration of Rs.3,85,000/-. This suit was filed by respondent-plaintiff Jai Parkesh against Chatter Singh @ Kaptan/defendant No.1 and petitioner Saroj Kanta/defendant No.2. Defendant No.1 in his written statement denied the execution of agreement to sell. The defendant No.2 set up a plea that she is a bona fide purchaser. The trial Court vide its judgment and decree dated 23.3.2010 partly decreed the suit regarding return of Rs.1,00,000/- earnest money along with interest @ 12% per annum till its realisation.
3. In appeal filed by respondent Jai Parkesh, the same was accepted and defendant No
The judgment emphasizes the need for a speaking order to extend the stay beyond six months, as per the judgment in Asian Resurfacing of Road Agency Private Limited and another Vs. Central Bureau of I....
Contempt Petition - Wilful and deliberate disobedience of order - Mere disobedience is not sufficient unless it is shown and proved that disobedience is wilful, deliberate and intentional.
The court mandates strict adherence to six-month timelines for execution proceedings, allowing extensions only for valid reasons, emphasizing accountability of executing courts and preventing undue d....
Order 21 Rule 29 CPC applies only when both the execution proceedings and the suit between the decree-holder and judgment debtor are pending before the same Court. Section 151 CPC cannot be used to s....
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