Order On Board

5/4/2022

1. Petitioner - judgment debtor has filed this petition under Article

227 of the Constitution of India challenging the order dated 21.1.2009 passed in MJC No.1/2009 by which learned 8th Additional District Judge (FTC), Bilaspur (CG) allowed application of decree-holders/respondents No.1 & 2 herein filed under Section 152 of the Code of Civil Procedure, 1908 (for short 'CPC').

2. Facts relevant for disposal of this petition, in brief, are that respondents No.1 & 2 herein filed a civil suit for specific performance of contract in respect of lands mentioned therein against defendants including petitioner herein. During pendency of civil suit, a compromise was arrived at between plaintiff and interested defendants, who were owners of property mentioned in plaint. They moved an application on 5.7.2009 before the Permanent Lok Adalat, Bilaspur for settlement. Based on compromise deed submitted by parties to original suit, the Permanent Lok Adalat passed award dated 18.1.2009 (Annexure P-9) ordering that plaintiff / respondents Nos.1 & 2 are entitled to get sale deed registered either in their names or in the name of other in respect of land bearing Khasra No.1547/1 area 0.22 acre and 0.0963 hectare situated in PH No.21, Mangla, Bilaspur.

After passing of award dated 18.1.2009, respondents No.1 & 2 filed an application under Section 152 of the Code of Civil Procedure, 1908 (for short 'CPC') before the Permanent Lok Adalat, Bilaspur pleading therein that original owner of land in question namely Ramjhool Gupta entered into two separate agreements with them for sale of land bearing Khasra No.1547/1 area 3180 sq. ft. and Khasra No.1547/1 area 7826 sq. ft., therefore, prayed for inclusion of land bearing Khasra No.1547/1 area 3180 sq. ft. and Khasra No.1547/1 area 7826 sq. ft. in award dated 18.1.2009. This application came to be registered as MJC No.1/2009. The Court below vide order impugned allowed application filed under Section 152 of CPC recording no objection of non- applicants therein; description of land given in Clause 'A' of award dated 18.1.2009 was deleted and substituted with land bearing Khasra No.1547/1 area 3180 sq. ft. and Khasra No.1547/1 area 7826 sq. ft.

In execution proceedings petitioner herein filed an application under Section 151 of CPC for cancellation of sale deed executed in favour of respondents No.3 by respondents No.1 & 2 and also an application under Section 47 of CPC. Both these applications have been dismissed by Court below which made the petitioner to approach High Court by filing writ petition bearing WP227 No.3740/2011, which was subsequently withdrawn by petitioner with liberty to file appropriate proceeding. Thereafter petitioner filed an appeal under Order 43 Rule 1 (i) of CPC before High Court which came to be registered as MA No.90/2011, but it was also withdrawn by petitioner on 14.9.2012 with liberty to avail remedy available to him under the law. Thereafter, as per advise, petitioner filed a civil suit challenging sale deed executed by respondents No.1 & 2 herein in favour of respondents No.3 along with an application under Section 14 of the Limitation Act. Trial Court rejected application filed under Section 14 of the Limitation Act and consequently civil suit was also dismissed as barred by limitation. Dismissal of suit on the ground of limitation was put to challenge by filing first appeal bearing FA No.323/2015 before the High Court. Division Bench of the High Court dismissed first appeal on the ground that civil suit challenging sale deed executed and registered in compliance of award passed by the Permanent Lok Adalat to be not maintainable, but granted liberty to petitioner to file appropriate writ under Article 226/227 of the Constitution of India seeking reliefs as claimed by petitioner in civil suit. Under said liberty petitioner has filed this petition challenging impugned order by which application under Section 152 CPC filed by respondent Nos.1 & 2 is allowed