SMT. SHANTI AND 5 OTHERS Vs. DHARMPAL SINGH

JUDGEMENT

(1.) Heard Sri. Nitin Sharma for the petitioners.

(2.) This petition has been filed for setting aside the order dated 22.12.2015 rejecting the objection of the petitioner under Sec. 28 of Specific Relief Act, 1963 and the order dated 3.3.2016 dismissing the revision of the petitioner filed against the aforesaid order.

(3.) For specific performance of agreement to sell dated 4.6.1992, the respondent filed a suit i.e. O.S. No. 32 of 1994 which was decreed by the trial court by judgement dated 20.5.1999. The defendant challenged the aforesaid decree in Civil Appeal No. 160 of 1999 which was dismissed on 18.3.2006. Thereafter the defendant challenged the appellate court decree in Second Appeal No. 477 of 2006 which was also dismissed on 14.5.2009. For execution of decree dated 20.5.1999, the defendant filed Execution Case No. 11 of 2008 on 18.9.2008. During pendency of execution application, the plaintiff moved an application before the Executing Court for permitting him to deposit the balance amount of sale consideration on 9.12.2011. The application was allowed by the Executing Court by order dated 27.1.2012 and in pursuance thereof the balance amount of sale consideration was deposited.