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2022 Supreme(P&H) 1943

HARKESH MANUJA
Palwinder Singh – Appellant
Versus
Sandeep Kaur – Respondent


Advocates appeared:
Mr. Vaibhav Sehgal, Advocate, for the Appellant.

JUDGMENT

Harkesh Manuja, J. - By way of present revision petition, challenge has been made to an order dated 21.01.2020 (Annexure P-4) passed by the Executing Court, whereby the execution application filed at the instance of petitionerplaintiff (decree-holder) was dismissed.

2. Based on an agreement to sell dated 12.07.2012, pertaining to the suit property, the petitioner-plaintiff filed a suit for possession by way of specific performance. The said suit was filed on 31.05.2013 and was decreed on 17.04.2018, followed by filing of an exection application by the petitioner-plaintiff on 08.06.2018. While execution proceedings were going on, the Sub-Registrar of the concerned area submitted his report before the Executing Court to the effect that the land in question already stood transferred in favour of one Ranjit Kaur wife of Malkeet Singh, vide sale deed dated 20.12.2012, executed at the instance of respondent-judgment debtor. Based on the said report dated 26.11.2019, the Executing Court vide order dated 21.01.2020, dismissed the execution application by recording that the same was rendered infructuous. It is the aforesaid order dated 21.01.2020, which has been impugned herein by wa

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