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.

Table of Content
1. procedural history and dismissal of objections. (Para 2)
2. contention regarding specific performance criteria. (Para 3)
3. court's reasoning on the executing court's jurisdiction. (Para 5 , 6 , 7 , 8)
4. dismissal of revision petition. (Para 9 , 10)

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. Learne

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