THE HON’BLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No.3747 OF 2025

ORAL ORDER

None appears for the petitioner.

2. This Civil Revision Petition is filed under Article 227 of Constitution of India to set aside the proceedings in E.P.No.170 of 2019 in O.S.No.65 of 2016 on the file of the learned Principal Junior Civil Judge, Parkal.

3. Respondent is a Decree Holder. He has filed a suit in O.S.No.65 of 2016 against the petitioner herein for specific performance of agreement of sale dated 10.05.2016 in respect of the suit schedule property. The same was decreed on 09.05.2019. Respondent No.5 has filed an Execution Petition vide E.P.No.170 of 2019 to execute the Decree and Judgment dated 09.05.2019 in O.S.No.65 of 2016. Petitioner filed the present revision seeking to set aside the proceedings in the said execution petition contending as follows:

a) That E.P.No.170 of 2019 filed by the respondent/decree holder is contrary to law, facts, and probabilities of the case. The learned Executing Court failed to appreciate the material aspects of the matter, resulting in grave miscarriage of justice;

b) That the learned trial Court has grossly erred in decreeing the suit in O.S.No.65 of 2016 by order dated 09.05.2019 without any cogent or reliable evidence to prove the alleged Agreement of Sale dated 10.05.2016 purportedly executed by the petitioner in favour of the respondent. In the absence of such material proof, the decree is legally unsustainable;

c) That the learned trial Court further erred in granting a decree directing execution of a sale deed within 45 days in favour of the respondent, even though such relief could only be sought through a properly instituted suit for specific performance of the alleged agreement of sale. The trial court, by allowing a relief outside the scope of the suit, committed a serious error of law;

d) That the learned trial Court failed to provide sufficient opportunity to the petitioner/defendant to file a written statement and contest the matter. The decree and judgment passed ex-parte without giving the petitioner an opportunity of hearing is in violation of the principles of natural justice and are, therefore, vitiated;

e) That the learned trial Court erred in passing an ex parte decree without the production and proof of the alleged Agreement of Sale dated 10.05.2016, which forms the very basis of the claim. In the absence of the said document, the decree suffers from serious legal infirmity and is liable to be set aside; and f) That the learned trial Court further erred in entertaining the suit filed in the year 2016 and decreeing the said suit, which does not fall within the jurisdiction of the said court. The decree passed without proper jurisdiction is null and void ab-initio and liable to be dismissed on this ground alone.

4. Perusal of the said grounds of challenge makes it clear that petitioner is aggrieved by the Judgment and Decree in O.s.No.65 of 2016, dated 09.05.2019. Therefore, he has to take steps to challenge the same. Instead, he has filed the present CRP to set aside the proceedings in the present E.P., on the aforesaid grounds.

5. On the aforesaid grounds, the petitioner can’t seek to set aside the proceedings in E.P. Petitioner failed to make out any case to set aside the proceedings in the said E.P. Thus, this revision petition is misconceived and the same is liable to be dismissed.

6. Accordingly, this Civil Revision Petition is dismissed.

As a sequel thereto, miscellaneous petitions, if any, pending in the Civil Revision Petition shall stand closed.

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K. LAKSHMAN, J

17^th OCTOBER, 2025 ynk THE HON’BLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No.3747 OF 2025

17^th OCTOBER, 2025 ynk