VINOD K.SHARMA,J - (1.) THE petitioner by way of present revision petition has challenged the orders passed by the learned Civil Judge (Sr. Divn.), Kurukshetra and affirmed by the learned Additional District Judge, Kurukshetra, dismissing the application filed by the petitioner for setting aside the judgment and decree dated 19th of September, 1998.
(2.) THE land measuring 20 kanals situated within the revenue estate of village Parra-Khera, Tehsil Thanesar, District Kurukshetra was owned by Sarvshri Krishan Chand and Ved Pal. Shri Ved Pal for himself and as a General Attorney of his brother Krishan Chand, executed an agreement to sell dated 2.11.1992 and received a sum of Rs. 3 lacs in advance out of the total sale consideration of Rs. 10 lacs. The possession of the land was transferred to the prospective vendees. The suit was filed by the prospective vendees against the vendors seeking a decree for permanent injunction restraining them from dispossessing the vendee-plaintiffs as also from interference in their possession or in raising of further construction on the suit land. The suit was contested by the defendants and subsequently the suit was got amended and relief of specific performance of agreement was also sought. The suit was decreed in favour of the plaintiffs on 19th of September, 1998 and a decree for specific performance of the agreement was passed in their favour and against the defendants. During the pendency of the suit, part of the suit land was gifted to Vaish Aggarwal Panchayat (Regd.) Thanesar, vide two gift deeds dated 5.3.1997 and 6.3.1997 respectively. The donee was not made a party in the pending litigation. During the execution proceedings, the donee filed an objection petition under Section 47 of the Code of Civil Procedure. The same was dismissed on 4th of November, 2000. Though it is noticed in the order that the order was unsuccessfully challenged by the objector in the Hon'ble High Court, this fact was, however, disputed by the learned Senior Counsel appearing for the petitioner. After dismissal of the objection petition, an application was moved for setting aside the judgment and decree dated 19th of August, 1998 and also for its substitution in place of donors Krishan Chand and Ved Pal, who had been litigating with the vendees as defendants. This application of the donee was also dismissed by the learned trial Court and appeal against that order was filed by the petitioner which also met with the same fate.
(3.) IT is not in dispute that the gift deeds in favour of the petitioner were made during the pendency of the litigation between the donors/vendors and the prospective vendees, wherein specific performance of the agreement to sell dated 2.11.1992 was involved. It has also been noticed that no permission of the Court was sought before executing the gift deeds in favour of the petitioner. The Court also took notice of the fact that the knowledge of the pendency of the litigation regarding the lis came to the notice of the petitioner in view of the objection petition filed by it.;