RAVI KANT Vs. GEETA MISHRA

JUDGEMENT

(1.) The appeal impugns the judgment and decree dated 23rd July, 2012 of the Court of the Addl. District Judge (3) North, Tis Hazari Courts, Delhi in Civil Suit No.107/08 (Unique Case ID No.02401C0421232006) filed by the respondent no.1, though dismissing the claim of the respondent no.1/plaintiff for specific performance of an Agreement of Sale of immovable property but directing the appellants and the respondents no.2 to 5 to refund/reimburse to the respondent no.1/plaintiff the amount of Rs.2 lacs paid by the respondent no.1/plaintiff at the time of execution of the Agreement to Sell along with interest @ 8% per annum from the date of institution of the suit till realization.

(2.) Notice of the appeal was issued and Shri Niraj Kumar, Advocate filed Vakalatnama on behalf of the respondent no.1/plaintiff. Vide order dated 26th July, 2013 the delay of 40 days in filing the appeal was condoned, the appeal admitted for hearing, the Trial Court record requisitioned and on deposit of the "remaining decretal amount" in this Court, execution of the decree for recovery of money against the appellants and the respondents no.2 to 5 was stayed. It was disclosed on that date that the appellants had already refunded a sum of Rs.50,000/- to the respondent no.1/plaintiff. Finding the controversy within a narrow compass, the appeal was listed for hearing on 11th November, 2013. Thereafter the respondent no.1/plaintiff stopped appearing. However in the interest of justice, adverse orders were deferred on 11th November, 2013 and the appeal listed for hearing for today.

(3.) Today also none has appeared for the respondent no.1/plaintiff inspite of passover. It is not deemed necessary to await the respondent no.1/plaintiff any further. The counsel for the appellants has been heard. Though the respondents no.2 to 5 remain unserved but finding that their interest is the same as the appellants, their service is dispensed with.