- (1.) Heard Sri R.P. Singh for the petitioner.
(2.) This petition has been filed for setting aside the order of Executing Court dated 8.2.2016, rejecting the objection of the petitioner u/s 47 CPC and the order of District Judge dated 8.3.2016 dismissing the revision of the petitioner against the aforesaid order.
(3.) Vishnu Prasad Agarwal (the respondent) filed a suit for specific performance of contract dated 30.7.2010. The suit was contested by the petitioner and the trial court after hearing the parties, by judgment dated 25.4.2013 decreed the suit. In the operative portion of the judgment, the trial court directed the defendant to execute the sale deed according to the condition of the agreement to sell dated 30.7.2010 and deliver possession over the house in dispute within 30 days, failing which, the plaintiff was given liberty to get the decree executed. The petitioner challenged the aforesaid decree in First Appeal No. 232/2014. While admitting the appeal, this court by order dated 20.3.2014, stayed the execution of the decree dated 25.4.2013 on the condition that the appellant will deposit the alleged advance of Rs. 6,50,000/- before the Registrar General of this Court within four weeks from today, by means of a bank draft. At the same time, the decree holder was also directed to deposit the balance amount of Rs. 5,50,000/- before the Registrar General within the same period.;