ADAPPA BHAU MAGADUM Vs. SHRIPAL SAVANT

JUDGEMENT

(1.) THIS is a revision by defendant -1 against the order dated 12 -6 -1984 passed by the Additional Civil Judge, Chikodi, in O.S. 8 of 1977 dismissing the application filed by defendant -under Section 148 CPC.

(2.) O .S. No. 8/77 has been filed by the plaintiff for specific performance of the agreement to sell and in the alternative for refund of the money paid as advance. The suit was decreed on 3 -10 -1983 in the following terms : "The suit is partly allowed. The plaintiff is not entitled to the specific performance of the contract as prayed for. Defendant -1 shall pay to the plaintiff Rs. 20,000/ - together with future interest thereon at 9% per annum from the date of the suit till realisation of the amount and also the proportionate costs of the suit provided that if defendant -1 pays to the plaintiff Rs. 11.200/ -on or before 31 -5 -1984, the plaintiff shall accept the said amount of Rs. 11.200/ - in full satisfaction of the suit claim and the entire decree shall be treated as fully satisfied."

(3.) IT was resisted by the plaintiff.