Review petition
gajraj chandel
(Querist) 13 September 2012
This query is : Resolved
specific performance decreed by sc. it is in the execution court to detail out the
niceties of execution of the sale deed in favor of the appellant in terms of
the agreement .in the execution court in his first order the adj gave order that two thing are left that is sale deed execution and transfer of the possession of the disputed land ,the respondent could file objections to the draft petition we have submitted.after the objections given adj gave order to amend to specific points.we submitted the deed with the changes ordered.in the next hearing we came to know that without the presence of over lawyer the adj again took objection application and again passed new order reviewing his own order without any review petition by the respondents.these changes suggested to incorporate were never discussed in higher courts and will inversely effect over ownership.
my query is:
a)can the judge change his order without review petition .
b)can any number of times the objection be taken ,new order given and changes made.
if not then please give citation as we are going for review petition against the the order witch my lawyer thinks is invalid passed without review petition.
Devajyoti Barman
(Expert) 15 August 2013
1. No definitely not.
2.No at least not without notice.
Challenge this order to the high court.
prabhakar singh
(Expert) 15 August 2013
Do as advised.
Seems a foreign deal with judgement debtor.
All required in any execution of such a decree is deposit of balance consideration
by decree holder and a sale deed showing clear pass of title and possession by judgement debtor or in his absence by court in favor of decree holder.