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DEEPAK GUPTA
Pharay – Appellant
Versus
Jitendra Agal – Respondent
JUDGMENT :
Deepak Gupta, J.
Jurisdiction of this Court under Article 227 of the Constitution of India has been invoked for assailing the order dated 30.09.2023 (Annexure P-11) passed by Learned Executing Court, Sohna, whereby objections filed by the judgment-debtors (petitioner herein) along with the objection filed by the third party objector (not party to this petition) have been dismissed.
2.1 On perusing the paper-book and hearing both sides the facts in brief emerge are as under.
2.2 An agreement to sell dated 26.06.1986 was executed between Narayan Swarup Agal (vendee) and Lekhu Ram (vendor) regarding the property in dispute. Lakhu Ram died in November, 1986. Suit for specific performance filed in 1989 by Narayan Swarup Agal against legal heirs of Lakhu Ram was decreed on 20.02.1999 vide judgment Annexure P-2. During pendency of the suit, Narayan Swarup Agal had died and his widow Smt. Kanta was impleaded in his place.
2.3 After depositing the balance sale consideration as per the decree, the execution was filed by Smt. Kanta Agal, the widow of Narayan Swarup Agal on 03.06.1999. Sale deed was executed in terms of the decree on 03.11.1999 and pursuant to the order passed by the Cou
A second execution petition filed after the limitation period is barred, and withdrawal of an earlier execution does not extend the limitation period.
The execution of an ex parte decree is not barred by limitation if the decree has merged with a revisional order, resetting the limitation period for enforcement.
Execution of decree – Execution can proceed even if formal decree is not drawn – Quoting a wrong statutory provisions does not create a bar and stand in way of considering application.
The court upheld the execution petition as valid despite claims of limitation, confirming the contractual obligations were fulfilled, thus denying rescission of contract.
The period for executing a decree runs from the date of the appellate decree, even when there is an appeal regarding part of the decree.
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