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HARSIMRAN SINGH SETHI
Vijay Laxmi – Appellant
Versus
Shubh Kumar (now deceased) – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
CM-3637-CII-2023
Present application has been filed for recalling the order dated 20.02.2023 passed by this Court by which, the main revision petition as well as CM-15123-CII-2022 was dismissed for non-prosecution.
2. Keeping in view the averments made in the present application, which are duly supported by an affidavit, the application is allowed. Order dated 20.02.2023 passed by this Court is recalled and the main revision petition as well as civil miscellaneous application is ordered to be restored to its original number and is taken up for hearing today itself.
CR-5233-2019
3. In the present revision petition, challenge is to order dated 21.05.2019 (Annexure P/4), which has been passed in execution of the judgment and decree of the trial Court dated 13.01.2010, which has already attained finality up to the Hon'ble Supreme Court of India. The petitioner is the one, who had purchased the property in question not only during the pendency of the civil suit filed in which decree dated 13.01.2010 was passed but is also the beneficiary of a sale deed despite the fact that the original owner of the property was restrained from alienating the prop
A decree for specific performance implies an entitlement to possession, even if not explicitly stated, and the executing court must ensure this right is upheld.
A decree for specific performance of a contract implicitly includes the right to possession of the property, and objections regarding the decree's executability must be raised collectively.
Possession is inherent in suits for specific performance; a separate prayer for possession is not necessary under the Specific Relief Act.
The main legal point established in the judgment is that the relief of possession can be granted without being specifically claimed in a suit for specific performance, as per Section 22(2) of the Spe....
A decree holder must utilize execution procedures as defined in the Code of Civil Procedure and cannot unilaterally take possession of property.
The decree for specific performance inherently includes the right to possession, making separate requests for possession unnecessary unless specific circumstances require it.
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