RAMJI LAL AND OTHERS Vs. 5TH ADDL. DISTT. JUDGE, MATHURA AND OTHERS
LAWS(ALL)-2012-1-530
HIGH COURT OF ALLAHABAD
Decided on January 12,2012

Ramji Lal And Others Appellant
VERSUS
5Th Addl. Distt. Judge, Mathura And Others Respondents

JUDGEMENT

Prakash Krishna, J. - (1.) THE present writ petition arises out of execution proceedings relating to specific performance of contract of repurchase of the land in dispute passed in Original Suit No. 179 of 1994.
(2.) THE suit has been decreed with the stipulation that the plaintiff will pay a sum of Rs. 85,000/ - as sale consideration. The decree holder put the decree in execution. A draft sale deed was submitted. The executing court invited objections from the judgment debtor/petitioner. The judgment debtor through his objection dated 8.7.2001 Paper No. 15 -C submitted that in the draft sale deed, the manner of payment of Rs. 85,000/ - is not mentioned. How and when the said money be paid to the judgment debtor, is not clear from the draft sale deed. Accordingly, the executing Court by the order dated 20.3.2001 directed the decree holder to deposit Rs. 85,000/ - within 15 days in the Court and approved the draft sale deed. An appeal was preferred by the judgment debtor before the Court below raising certain other objections. The appeal having been dismissed, the present writ petition has been filed.
(3.) HEARD the Learned Counsel for the petitioner.;


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