Bharati Sapru, J. - (1.) HEARD Sri M.A. Qadeer, learned Senior Counsel assisted by Sri Shamim Ahmad on behalf of the Petitioner. He has argued the matter at length and I have heard him at great length. Sri Sidharth Srivastava has appeared on behalf of the Respondents.
(2.) THE present petition has been filed by the Petitioner with a prayer that this Court may issue a writ of certiorari to quash the orders dated 29.10.2010 (Annexure No. 8) and 19.7.2010 (Annexure No. 5) passed by the revisional court and the orders dated 15.9.2010 (Annexure No. 7) and 11.11.2008 (Annexure No. 4) passed by the Executing Court. The facts as revealed from the writ petition are that the predecessor in interest of the present Respondents namely Kanhai Lal had filed an Original Suit No. 165 of 1982 against the Petitioner in the month of May, 1987 for specific performance of a contract dated 4.1.1982. The present Petitioner contested the Suit, however, the trial court by its judgment and decree dated 26.2.1984 dismissed the suit by coming to the conclusion that the Plaintiff could not perform his part of the agreement and, therefore, the Plaintiff was not entitled for specific performance.
(3.) AGAINST the judgment and decree dated 26.2.1984 the Plaintiffs preferred Civil Appeal No. 4 of 1995 and this Civil Appeal was allowed by a judgment dated 3.2.1998. A decree was passed in favour of the Plaintiffs. The present Petitioners (Defendants) were directed to execute and register the sale deed after taking the balance amount of Rs. 27,500/ -.;