JUDGMENT

Nidhi Gupta, J.

CM-4999-CII-2010

This is an application under section 151 CPC seeking permission to place on record the document(s) which are necessary for just adjudication of the matter and exemption from filing certified copies of Annexure R7 to Annexure R11.

After going through the contents of the application, the same is allowed subject to all just exceptions.

CM-13310-CII-2016

This is an application under section 151 CPC seeking permission to place on record copies of Daily General (Roznamcha) for the year 1995-96 as well as 2004-05 as Annexure R5 & Annexure R6 respectively.

After going through the contents of the application, the same is allowed subject to all just exceptions and Annexure R5 and Annexure R6 are taken on record.

Main Case

Present Revision Petition has been filed by the Judgment Debtor seeking setting aside of impugned order dated 02.08.2007 (Annexure P1) passed by learned Additional District Judge, Rupnagar, affirming the order of trial Court dated 12.05.2006 (Annexure P2) passed in Civil Suit No.13 dated 14.01.2006 whereby application of petitioner under Order 39 Rules 1 & 2 read with section 151 CPC for grant of temporary injunction restraining defendant-respondent from taking possession of suit land during pendency of the Suit, has been dismissed; and also for setting aside order dated 10.01.2006 (Annexure P3) passed by learned Additional Civil Judge (Senior Division), Rupnagar whereby objection petition of the petitioner/judgment debtor against execution of decree dated 04.10.2002 for non-compliance of condition of payment of balance sale consideration within the period of two months as fixed therein, was dismissed.

2. Brief facts of the case are that respondent/plaintiff/decree holder had filed a Civil Suit No.182 dated 18.08.1998 titled as " Surinder Singh v. Kartar Singh " in the Court of learned Additional Civil Judge (Senior Division), Rupnagar seeking specific performance of agreement of sale dated 02.06.1997, executed by the petitioner in favour of respondent in respect of suit land measuring 4 kanal 3 marla. Though the agreement was vociferously denied by the petitioner, however said Suit was decreed by learned Additional Civil Judge (Senior Division), Rupnagar vide judgment and decree dated 04.10.2002. Operative part of the said judgment and decree is reproduced hereinbelow:-

"This Suit Is Coming On The 4th Day Of October 2002 For Final Disposal Before Me (Sh Ravinder Singh, Pcs, Addl. Civil Judge (Sr. Div), Ropar In The Presence Of Sh. A.L. Verma, Adv. Counsel For The Plaintiff And Sh. D.S. Deol, Adv. Counsel For The Defendant. It Is Ordered That The Suit Of The Plaintiff Succeeds And The Same Is Accordingly Decreed With Costs For The Specific Performance Of The Agreement To Sell Dated 2.6.1997 And The Defendant Is Directed To Execute The Sale Deed After Receiving The Balance Sale Consideration Within A Period Of 2 Months From The Date Of Passing Of This Decree, Otherwise, The Plaintiff Shall Be Entitled To Get The Same Executed By Filing The Execution."

(Emphasis supplied)

3. It is the pleaded case of the petitioner that respondent/decree-holder failed to comply with the condition set out in abovesaid decree inasmuch as, respondent failed to deposit balance sale consideration of Rs.57,500/- within the stipulated period of two months and was therefore, not entitled to have the said decree executed even through the Court because of his willful non-compliance of the said condition.

4. It