MAHESH CHANDRA TRIPATHI, J. - (1.) Heard Shri Rajesh Kumar Dubey, learned counsel for the plaintiff-petitioner and Shri Pramod Kumar Dwivedi, learned counsel for the defendant-respondents.
(2.) Ram Pal Singh is before this Court for setting aside the order dated 19.08.2017 passed by Additional District Judge, Court No. 5, Hathras in Misc. Civil Appeal No. 35 of 2016 (Satish Chandra and Ors. v. Ram Pal).
(3.) Factual matrix giving rise to present writ petition is that Late Radhe Shyam, the father of first, second and fourth defendant/respondent and husband of third defendant-respondent was recorded tenure holder of the suit property and had executed an agreement to sell in respect of suit property in favour of the plaintiff-petitioner namely Ram Pal Singh. Once the sale of the suit property has not been ensured by late Radhe Shyam in favour of plaintiff-petitioner, the petitioner had instituted Original Suit No. 431 of 2004 for specific performance of such agreement to sale. The said suit was decreed on 19.11.2007. Thereafter, the petitioner-plaintiff being decree holder had instituted Execution Case No. 10 of 2008. In the said execution case the defendant-respondent had put their appearance and moved an application for obtaining necessary papers on 6.8.2008. The aforesaid execution case was allowed in favour of the plaintiff-petitioner and appeal filed by defendant/respondent was also dismissed on 28.8.2017.;