Vineet Saran, J. - (1.) On the basis of an agreement to sell dated 11.11.1983 having been executed by Badri Narain Pathak, in favour of Badri Prasad Dhawan, for selling his l/3rd share of the house in question for a consideration of Rs. 40,000, for which an advance of Rs. 22,000 had been paid, said Badri Prasad Dhawan filed Original Suit No. 13 of 1984 in the court of Civil Judge, Varanasi on 9.1.1984. The property in question was attached by the order passed by the Civil Judge. Immediately thereafter on 1.3.1984, Petitioner No. 1 Smt. Prem Kumari, who is wife of Badri Narain Pathak, filed Original Suit No. 544 of 1984, praying for a decree of specific performance against her husband Badri Narain Pathak for executing the sale deed of the property in question in pursuance of an alleged agreement to sell l/3rd of his share of the house in question having been executed on 3.3.1981 for a consideration of Rs. 10,000 out of which Rs. 3,000 had been paid in advance. The said Badri Narain Pathak contested Original Suit No. 13 of 1984 filed by Badri Prasad Dhawan. However, he did not contest the subsequent Original Suit No. 544 of 1984, filed by his wife, which was allowed to be decreed ex parte o n 29.7.1985 by a very short order. In pursuance thereof, Badri Narain Pathak, without raising any objections or even without there being any execution case filed, executed the sale deed on 28.1.1987, in favour of his wife Smt. Prem Kumari, Petitioner No. 1.
(2.) In Original Suit No. 13 of 1984 filed by Badri Prasad Dhawan against Badri Narain Pathak, the petitioner No. 1 Smt. Prem Kumari was arrayed as defendant No. 8. The said suit, which was for recovery of Rs. 22,000 along with interest, was decreed on 7.1.1987, i.e., three weeks prior to the execution of the sale deed by Badri Narain Pathak in favour of his wife Smt. Prem Kumari, petitioner No. 1. Immediately thereafter Badri Prasad Dhawan filed Execution Case No. 1 of 1987 against Badri Narain Pathak.
(3.) On 3.3.1987, petitioner No. 1 Smt. Prem Kumari filed objections under Section 47, C.P.C. in the Execution Case No. 1 of 1987. The said objections were registered as Misc. Case No. 17 of 1987. On 6.5.1989, two separate orders had been passed. The first order which was passed in Misc. Case No. 17 of 1987 arising out of Execution Case No. 1 of 1987, reads as under: "Case called out. Only counsel for O.P. is present. None present on behalf of the applicant to press application 4C, which consequently rejected." ;