Habban Shah vs Sheruddin - 2025 Supreme(P&H) 1300

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 1300

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Habban Shah – Appellant
Versus
Sheruddin – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajinder Goel, Advocate
For the Respondent:Mr. Mohammad Arshad, Advocate

JUDGMENT :

Vikram Aggarwal, J. (Oral) :

The present revision petition has been preferred by the petitioner-defendant/judgment debtor (hereinafter referred to as 'the defendant-JD) assailing the order dated 07.09.2015 (Annexure P-8), passed by the Court of learned Civil Judge (Senior Division), Mewat vide which the objections raised by the defendant-JD to the execution proceedings were rejected.

2. Shorn of unnecessary details, the factual matrix of the instant bitter and long litigation is that a suit for possession by way of specific performance of the agreement to sell dated 19.10.2005 was filed by the respondent-plaintiff/Decree Holder (hereinafter referred to as 'the plaintiff-DH'). The same was decreed by the Court of learned Civil Judge (Senior Division), Nuh vide judgment and decree dated 31.10.2012 (Annexure P-1). A direction was issued to the defendant-JD to execute the sale deed upon receipt of the balance sale consideration within a period of three months. The said judgment and decree was assailed in first appeal by the defendant-JD and an interim order was passed by the First Appellate Court restraining both the parties from alienating the suit property on 17.12.2012. Howe