The petitioner is defendant in the suit. The plaintiffs filed a suit for specific performance. It was decreed on 23.5.2000 against which the petitioner filed appeal which has been dismissed. In the execution proceeding, the petitioner has taken an objection that in respect of plot the suit has been decreed has now been changed in the consolidation proceedings and the plot for which the decree has been passed does not belong to the petitioner and, therefore, the decree cannot be executed in respect of said plot. The plea of the petitioner has been rejected by the executing court and the revision filed against the said order has also been dismissed.
Issue notice to respondent nos. 1, 2, 3 and 4 returnable at an early date. The petitioner may take steps to serve the respondent within two weeks by registered post.
List in the week commencing 25.7.2011.
Till the next date of listing, the further proceedings of Execution No. 12 of 2002 (Brahmapal and another Vs. Tejpal and others), pending before Civil Judge (Junior Division), Meerut shall remain stayed.
Order Date :- 18.5.2011 OP