J U D G M E N T

EX. APPL. (OS) 682/2012 (u/S 47 r/w Section 151 of CPC, 1908)

1. This is a case where the dream of the Decree Holder to own a home became a reality when the Suit for Specific Performance of an Agreement to Sell was decreed with alacrity in less than two months. However, it turned into a mirage as she embarked on a long and arduous journey on the path of execution since 1988, which continues even after 38 years. The adage by an unknown Writer “The Hurrier I Go, The Behinder I Get” aptly explains the dilemma of Decree Holder. The journey to realize the fruits of the Decree may still not end with the determination of these Objections.

2. This case reflects the archetype challenges of an adversarial litigation system and urgently requires the attention of all the stakeholders to assume responsibility to work out a mechanism to ensure that the person with a Decree is not left only with papers which do not materialize into fruition.

3. The Objections under Section 47 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC, 1908”) have been filed on behalf of Ms. Meena Rani Gupta and Ms. Nalini Gupta (hereinafter referred to as “Objectors”)