Balmukund Singh vs Suresh Singh Thakur
2022 Latest Caselaw 2349 MP

                                                                        1
                                               The High Court Of Madhya Pradesh
                                                         MP No. 632 of 2022
                                                    (BALMUKUND SINGH Vs SURESH SINGH THAKUR AND OTHERS)

                                   Jabalpur, Dated : 21-02-2022
                                           Dr. Anuvad Shrivastava, learned counsel for the petitioner.

                                           Issue notices to the respondents on payment of process fee within seven

working days by RAD mode failing which this petition shall stand dismissed without further reference to the Court.

Heard on the question of admission.

Heard on I.A. No. 1580/2022 which is an application for grant of interim relief in the matter.

It is submitted that suit for specific performance of agreement to sale was filed by the petitioner which was decreed vide judgment and decree dated 31.03.2003. The aforesaid judgment and decree has been attained finality as was never put to challenge at any point of time.

It is submitted that execution proceedings were initiated by the petitioner and during the pendency of these execution proceedings the property in question has been sold out to 3 or 4 persons. By the virtue of

agreement the petitioner has already handed over the possession of the property and he is in possession of the same. Therefore, the subsequent sale deed itself was nullity.

It is submitted that the learned executing Court has directed the revenue authority i.e. R.I. for submitting a report with respect to the identification of the property in question as the same has not been reflected by the document submitted by the petitioner. It is argued that the judgement and decree as well agreement to sale which are already on record before the executing Court clearly discloses that description of the property therefore, there is no requirement for identification as the petitioner is already in possession of the same.

Signature Not Verified SAN

In such circumstances, the effect and operation of the impugned award Digitally signed by ROSHNI SINGH Date: 2022.02.24 10:35:06 IST

dated 08.01.2022 (Annexure P-7) is directed to be stayed, till the next date of

hearing.

List the matter week commencing 21.03.2022.

(VISHAL MISHRA) JUDGE

R

Signature Not Verified SAN

Digitally signed by ROSHNI SINGH Date: 2022.02.24 10:35:06 IST