Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 12(2) & O. XXI, R. 95---Sale of immoveable property in execution of a decree---Application under S. 12(2), C.P.C. challenging the decree---Objection petition against such sale pending application under S. 12(2), C.P.C.---Maintainability---Plaintiff-purchaser filed a suit for specific performance against respondents-sellers seeking enforcement of his alleged agreement to sell in respect of suit property---Suit was decreed in favour of the plaintiff and in execution process the sale deed in favour of plaintiff was executed and possession was also delivered to him---Objector filed an objection petition contending that sellers had already executed an agreement to sell in his favour and pursuant to the said agreement he was also put in possession of the suit property and had been fraudulently dispossessed from the property in question without being made a party in the suit filed by the plaintiff---Validity---Remedy of O. XXI, R. 95, C.P.C. was not available to objector in the facts and circumstances of the case, and as such his objection petition was not maintainable---Objector had also filed an application under S. 12(2), C.P.C. challenging the decree in favour of the plaintiff, therefore, when such application was already pending, the objection petition in any case was not maintainable---Appeal was allowed accordingly with the direction that the application under S.12(2), C.P.C. filed by objector challenging the decree in favour of the plaintiff shall be decided independently on its own merits. THIS ORDER PASSED BY: MIAN SAQIB NISAR, JUSTICE:----------------- Respondents have not put in appearance, therefore, proceeded ex parte. This appeal with the leave of the Court entails brief facts, in that, that the appellant filed a suit for specific performance against respondents Nos. 2 and 3 seeking enforcement of his alleged agreement to sell dated 06.04.2004 in respect of suit property (described in the plaint/which is a petrol pump). The suit was decreed in favour of the appellant on 03.06.2010 and in execution process the sale deed in favour of appellant has been executed on 11.11.2010 and according to the learned…

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