Punjab-Haryana High Court
Balbir Singh (Deceased) Through His Lrs vs Ishar Singh (Deceased) Through His Lrs ... on 9 September, 2024
Neutral Citation No:=2024:PHHC:118217
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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128 CR-5164-2024
Date of Decision.:09.09.2024
Balbir Singh (deceased) through his LRs .....Pe44oners
Vs.
Ishar Singh (deceased) through his LRs and Others .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. Anish Gautam, Advocate
for the pe oners.
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DEEPAK GUPTA, J. (ORAL)
Pe oner is the decree-holder of judgment & decree dated
22.05.1995 passed in civil suit No.462 of 1992/1994 decided by the Court of
learned Civil Judge, Kharar, Mohali. The appeals filed by the judgment-
debtors/respondents have been dismissed upto this Court. Order dated
03.12.2018 of this Court in RSA-1077-2020 is placed on record as Annexure
P-1. As per the decree passed in favour of the pe oner-decree-holder, he
is en tled for a decree for specific performance of the agreement to sell
dated 13.06.1988 in respect of the land in dispute. In the order dated
03.12.2018 passed by this Court in RSA-1077-2000, it has also been
observed that en re sale considera on already stood paid. Even the
redemp on of the mortgage was proved by the plain ff- pe oner on
payment of the amount of ₹40,000/- as agreed. Thus, necessary sale deed
was required to be executed in favour of the decree-holder in compliance
of the decree.
2. Execu on was filed. However, the pe oner/decree-holder
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Neutral Citation No:=2024:PHHC:118217
CR-5164-2024
failed to take necessary steps as ordered by the Execu ng Court, on
account of which the execu on was dismissed on 09.02.2024 by way of the
impugned order. The applica on for reviewing the order was also dismissed
by the Execu ng Court by way of another order dated 04.05.2024.
3. Assailing the aforesaid orders, it is contended by learned
counsel that it was wrongly observed by the Execu ng Court in the
impugned order dated 09.02.2024 that pe oner/decree-holder was not
ready with balance sale considera on for execu on of the sale deed and its
registra on. Learned counsel has rightly drawn a@en on of this Court
towards the order (Annexure P-1) passed by this Court, as per which the
en re sale considera on already stood paid.
4. Another reason for dismissal of the execu on is that on the
date fixed for execu on of sale deed through Local Commissioner
appointed by the Court, the decree-holder had not appeared and had not
furnish the necessary amount of stamp duty.
5. Learned counsel for the pe oner submits that pe oner was
residing abroad, due to which he could not come for geCng the sale deed
executed. Learned counsel requests for fixing one date for geCng the sale
deed executed and registered in his favour in compliance of the decree.
6. Keeping in view the fact that decree in favour of the pe oner
has been passed for specific performance wayback on 22.05.1995, which
has a@ained finality aDer reaching to this Court, on 03.12.2018, pe oner
should not be deprived of the fruits of the said decree. The JDs-
respondents were already ex parte before the Execu ng Court, as is
apparent from the impugned order.
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CR-5164-2024
7. Considering all the aforesaid facts and circumstances, the
impugned orders are hereby set aside. The pe oner/decree-holder is
directed to appear before the concerned Execu ng Court on 23.09.2024.
The Execu ng Court shall revive the proceedings in the execu on and shall
fix a date in the next 20 days for execu on and registra on of the sale deed
through Local Commissioner to be appointed by the Court. On the date to
be fixed by the Execu ng court, pe oner will be ready for geCng the sale
deed executed and registered in its favour along with necessary stamp duty
and other miscellaneous expenses required for the purpose. This order is
subject to payment of ₹20,000/- as cost, which shall be deposited by the
pe oner with District Legal Services Authority, S.A.S. Nagar, Mohali. The
said cost is to be paid on or before 23.09.2024 i.e. date of appearance of
the pe oner before the execu ng Court.
Disposed of accordingly.
( DEEPAK GUPTA)
JUDGE
September 09, 2024
Nee ka Tuteja
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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