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TMI Blog2025 (1) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... condoned. It is to be noted that the above Orders have not been challenged. Now it is stated by the learned Senior Counsel appearing for the petitioner that they have filed SLP. However, no number has been assigned. Be that as it may. Further, the contention of the learned Senior Counsel that the restitution cannot be applied cannot be countenanced. Even assuming that the provision under section 144 of Code of Civil Procedure is not strictly applicable to the facts of the present case, that will not deter the trial Court to exercise its jurisdiction which is inherent in it and arrest the prejudice caused to the parties at the act of the Court. It is to be noted that only on the basis of the sale executed by the Court, the revision petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... total sale consideration is Rs.12,20,000 and an advance of Rs.10,00,000/- has been paid on the date of agreement. Subsequent to the advance, a further sum of Rs.1,25,000/- has also been paid and in total a sum of Rs.11,25,000/- has been paid towards the sale consideration. However, the defendant evaded to execute the sale after the receipt of the balance sale consideration. The suit has been originally decreed exparte on 11.06.2013 and an execution petition has been filed in E.P.No.74 of 2013 and in the execution proceedings, the sale deed has been executed by the Court in favour of the revision petitioner. Thereafter, it appears that the exparte decree has been set aside in I.A.No.103 of 2016 and an application has been filed under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at as it may. 5. It is further to be noted that as on today the exparte decree has been set aside and no stay whatsoever has been granted by the higher Courts. Since there is no decree at all, at this stage, the revision petitioner cannot contend that he derived title by virtue of the sale deed executed in the execution proceedings. It is further to be noted that the very sale deed has been executed pursuant to the exparte decree. When the exparte decree itself is set aside, mere registration of the sale deed in execution proceedings will not convey any better title. 6. Further, the contention of the learned Senior Counsel that the restitution cannot be applied cannot be countenanced. Even assuming that the provision under section 144 of Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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