Sh. Jeet Ram S/O Sh. Tejram Yadav ... vs Sh. Suresh Chand S/O Sh. Chhagal ...
2022 Latest Caselaw 4030 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Revision Petition No. 106/2022

Sh. Jeet Ram S/o Sh. Tejram Yadav Deceased Through Lrs. And
Anr.
                                                                  ----Petitioners
                                   Versus
Sh. Suresh Chand S/o Sh. Chhagal Lal Ji & Ors.
                                                                ----Respondents

For Petitioner(s) : Mr. Akhil Simlote with Mr. Dikshant Jain For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

23/05/2022

Learned counsel for petitioners submits that the respondent

No.1-plaintiff instituted a civil suit for specific performance on the

basis of two agreements dated 05.01.1984 & 15.06.1985, which

was decreed in ex-parte vide judgment dated 26.02.1994 whereas

a part of suit property had already been purchased by the

predecessors of petitioners through two registered sale deeds

dated 11.07.1988 & 29.11.1988.

The petitioner challenged the ex-parte judgment and decree

dated 26.02.1994 by filing various objections including the

objection that the decree has been passed against the dead

person. The objections were allowed and decree was held non-

executable as such the execution petition was dismissed by the

trial court vide order dated 14.02.2008.

The plaintiff decree holder preferred an appeal against the

order dated 14.02.2008 and the appellate court has set aside the

(2 of 2) [CR-106/2022]

order, allowing the decree holder to proceed with the execution of

the judgment and decree dated 26.02.1994 passed in ex-parte. It

has been alleged that decree is not executable at least against the

petitioners who are purchasers through registered sale deeds and

were not made party to the suit.

Issue notice to respondents.

Learned counsel for petitioners submits that the respondent

No.1-plaintiff decree holder is the only contesting party in this

appeal, hence service of notices upon remaining respondents be

dispensed with as they are only proforma respondents.

On the request of counsel for petitioner, service of notices

upon remaining respondents except respondent No.1, is dispensed

with, hence notices be issued only to respondent No.1-plaintiff by

both modes, ordinary as well as registered post.

In the meanwhile, execution of the judgment and decree

dated 26.02.1994 passed in Civil Suit No.246/93 titled as Suresh

Chandra Vs. Sultan & Ors. would remain stayed qua the properties

purchased by petitioner through sale deeds.

Record of the original suit as well as of objection petition

may also be summoned.

(SUDESH BANSAL),J

SACHIN/83

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