IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision No. 73 of 2021 Reserved on: 14.5.2025 Date of decision: 20 .6 .202 5 Hari Ram. ….Petitioner.

Versus Chander Talwar & Another. ….Respondents.

Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

Whether approved for reporting?¹ Yes.

For the Petitioner : Mr.G.D. Verma, Senior Advocate, alongwith Mr.Digvijay Singh, Advocate.

For the Respondents: Mr.Y.P. Sood, Advocate.

Vivek Singh Thakur, Judge g Present Revision Petition under Section 115 of the Code of Civil Procedure (for short ‘CPC’) has been preferred against the order dated 4.10.2021 passed by Civil Judge Court No. 7, Shimla, whereby Objection Petition No. 40 of 2018 preferred by petitioner-Judgment Debtor in Execution Petition No. 37-10 of 2017, titled as Chander Talwar & Navneet Talwar Vs. Hari Ram, has been dismissed.

1Whether the reporters of the local papers may be allowed to see the Judgment? Yes

2. Parties herein shall be referred as per their status in the Execution Petition, i.e. petitioner as Judgment Debtor (JDP) and respondents as Decree Holders (DHs).

3. Necessary facts relevant for adjudication of present Revision Petition are that in furtherance to agreeme nt to sell executed by Judgment Debtor in favour of Decree Holders, Decree Holders preferred a Civil Suit No.242-1 of 2009/07 for specific performance of agreement to sell dated 5.10.2000; permanent prohibitory injunction, restraining the defendant from interfering in poussession of Decree Holders over the suit land; mandatory injunctioon, directing the Judgment Debtors to get the charge cleared over the suit land and to execute documents in favour of Decree Holders, so as to enable the Decree Holders to file an application for permission under Section 118 of the H.P. Tenancy and Land Reforms Act, 1g972 (for short ‘H.P. LR Act’) to purchase the suit land. The suit was idecreed on 5.3.2012. However, decree for specific performance was subject to grant of permission by the Government under Section 118 of the H.P. LR Act.

4. Judgment Debtor, being aggrieved by the aforesaid judgment and decree dated 5.3.2012, preferred Civil Appeal No. 30-S/13 of 2012, titled as Hari Ram Vs. Chander Talwar & Another. In the appeal, judgment and decree passed by the Trial Court was modified by Additional District Judge-1, Shimla vide judgment and decree dated

28.2.2015 in the following operative terms:- P “...Now the modified decree shall be read as under:-

That the suit of the plaintiff is decreed with costs in Hfavour of plaintiffs and against the defendant whereby it is held that the plaintiffs are entitled to decree of specific performance of agreement to sell dated 05.10.2000 qua the suit land comprised inf khasra No. 434 measuring 7 biswas, khasra No. 443/1 measuring 1o3 biswas and khasra No. 433/1/1 measuring 13 biswas, total measuring 1 bigha 13 biswas situated in Mauza Shai Ser, Tehsil and District Shimla, H.P. on payment of remaining amount of Rs.55,000/- to defendant by plaintiffs at the time of registration of sale deed subject to the condition that decree for specific performance shall be executable after receiving permission u/s 118 of H.P. Toenancy and Land Reforms Act by plaintiffs and in case the permission is finally rejected, the decree for specific performance shall become inoperative. Decree for mandatory injunction is passed directing the defendant to execute all necessary documents in favour of plaintiffs so that necessary permission under Section 118 of H.P. Tenancy and Land Reforms Act can be sought by the plaintiffs in view of the facts and circumstances of the case, there is no order as to costs in appeal.”

5. The aforesaid judgment and decree passed by Additional District Judge-1, Shimla was not assailed by either party and it has attained finality.

6. For non-compliance of directions issued vide judgment and decree dated 28.2.2015, Decree Holders preferred Execution Petition No. 37-10 of 2017, titled as Chander Talwar & Another Vs. Hari Ram, on

20.