- (1.) Heard the arguments of learned counsel for the parties.
(2.) This revision has been filed against the order dated 21.07.1997 passed by Civil Judge, Allahabad, in Execution Case No. 43/1997 (M/s Pushpa Sahkari Avas Samiti Ltd. v. M/s Gangotri Sahkari Avas Samiti Limited) by which objection of judgment debtor (/defendant no. -1 of original suit) under Section 47 CPC for for setting aside the execution proceeding was rejected.
(3.) Original suit no. 501/1995 M/s Pushpa Sahkari Avas Samiti Ltd. v. M/s Gangotri Sahkari Avas Samiti Limited and Others was filed for following reliefs: (a) That by a decree for permanent injunction the defendant no. 1 may be restrained from booking allotting, entering into agreement for sale in respect of any part of disputed property with any prospective purchaser till the defendant no. 1 in view of its assurance and of offers and promises fails to execute registered agreement for sale in respect of half of the property of 24, Louther Road, George Town, Allahabad in favour of plaintiff on the same terms and conditions as continued in registered agreement for sale dated 4.9.1993 by the co -owners of the said property in favour of the defendant no. 1. (b) That by a decree for mandatory injunction the defendant no. 1 may be directed to execute registered agreement for sale in favour of the plaintiff in respect of equal half share of Bangalow and building no. 24. Louther Road, George Town, Allahabad on the terms and conditions contained in the registered agreement for sale dated 4.9.1993 executed by the co -owners of the said properties in favour of the defendant no. 1 else the same may be executed by the court in favour of the plaintiff on behalf of the defendant no. 1. (c) That cost of the suit may be awarded to the plaintiff against the contesting defendants. (d) That any other and further relief with the Hon'ble court may deem fit and property be also awarded to the plaintiff against the defendant." ;