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SUBODH ABHYANKAR
Ashok – Appellant
Versus
Gyan – Respondent
ORDER
Heard through video conferencing.
Heard on the question of admission.
1. This petition has been filed by the petitioner/decree holder
seeking the following reliefs:-
“A. It is therefore humbly prayed that to issue appropriate direction/order to the Executing Court to execute the sale deed in favour of the petitioner without any further procedural compliance or delay treating that respondent has no objection in execution thereof as respondent failed to appear in the proceeding.
B. To take the execution case on daily basis and to execute the decree with further direction to the Learned District Judge, Indore to observe the compliance of this Hon’ble Court direction and if necessary than to take appropriate steps to transfer the case in his Court for such compliance.
C. Costs of the petition be awarded to the petitioner from the respondents.
D. Any other relief which this Hon’ble Court may deem just in the facts of the present case be granted in the favour of the petitioner.”
2. The case of the petitioner/plaintiff is that he had filed a suit for specific performance of contract in respect of an agreement executed between the parties in the year 1997, wherein the decree was
The execution of a decree for specific performance does not require the presentation of a draft deed if a valid draft exists on record, and payment into court suffices for compliance.
Court exercising jurisdiction under Section 47 or under Order 21 of CPC must not issue notice on application of a third party claiming right in a mechanical manner.
The main legal point established in the judgment is that the applications filed by the petitioners were misconceived and misdirected, and that the petitioners lacked locus standi to raise objections.....
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