Som Nath Sharma (Since Deceased) through his legal heirs vs B. M. Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2753

ARUN MONGA
Som Nath Sharma (Since Deceased) through his legal heirs – Appellant
Versus
B. M. Sharma – Respondent

Advocates Appeared:
Mr. G.C. Dhuriwala, Advocate for Petitioners.

JUDGMENT

Arun Monga, J. (Oral)

CM-7141-CII-2023

For the reasons stated in application, same is allowed. Annexures P-12 to P-15 are taken on record subject to all just exceptions.

Main case (O&M)

Petition herein is for setting aside impugned order dated 31.01.2023(Annexure P-9) passed by learned Civil Judge (Senior Division), Panchkula whereby objections filed by petitioner-judgment debtors No.1(i) to (iii) to the execution petition, were dismissed. Further sought to set aside impugned order dated 18.03.2023 (Annexure P-11)passed by learned Additional District Judge, Panchkula whereby appeal filed against aforesaid order dated 31.01.2023, was also dismissed.

2. The revision petition is premised on the averments that plaintiff/respondents filed suit for possession by way of specific performance on the basis of alleged agreement to sell dated 24.05.2005 (Annexure P-1)with a consequential relief of permanent injunction. Learned trial Court vide judgment/ decree dated 27.09.2011 (Annexure P-2), decreed the suit of plaintiff/ respondents and granted decree of specific performance of alleged agreement to sell dated 24.05.2005. Aggrieved, defendant No.1 preferred an appeal, which was dismiss

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