Kuldeep Kumar Sharma vs Randeep Rana - 2024 Supreme(P&H) 1355

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1355

DEEPAK GUPTA
Kuldeep Kumar Sharma – Appellant
Versus
Randeep Rana – Respondent

Advocates:
Advocate Appeared:
For the Appearing Parties : Mr. B.S. Bedi Adv. , Mr. Akshay Jindal Adv. , Mr. Vrishank Suri Adv.

JUDGMENT :

Mr. Deepak Gupta, J.

Petitioner herein is the Judgment Debtor before Ld. Executing Court. He is aggrieved by the impugned order dated 18.4.2023 passed by the executing court of ACJ(SD), whereby the application moved by him under Order 26 Rule 10 (2) CPC for examination of the Local Commissioner i.e. Naib Tehsildar, Karnal and Mr. Nitin, Junior Engineer (Civil), Panchayati Raj Karnal, has been dismissed.

2. As the paper book would reveal, the suit for specific performance filed by the plaintiff-Decree Holder (Respondent herein) was decreed by learned Additional Civil Judge (Senior Division), Karnal vide judgment dated 14.03.2017. The said judgment attained finality, inasmuch as the appeal filed by the JD — defendant (petitioner herein) was dismissed by the Appellate Court on 01.09.2021 and Regular Second Appeal filed by him was dismissed by this Court on 18.02.2022.

3. The suit property comprises of a showroom and plot within the boundary wall as shown in the site plan. As per the terms of agreement between the parties, it had been agreed that measurement will be taken at the time of execution of the sale deed and whatever area would be found, the sale deed of the said area w