ANUP SHARMA Vs. NAGENDRA PRASAD YADAV

JUDGEMENT

(1.) THE present suit has been filed by the plaintiffs for specific performance of agreement to sell dated 30th August, 2012 and permanent injunction against the defendant.

(2.) THE summons in the suit was issued to the defendant on 29th April, 2013. Defendant entered appearance on 25th October, 2013, however, thereafter neither did the defendant appear in the matter nor did he file the written statement. Accordingly, he was proceeded ex parte vide order dated 15th April, 2014 and the plaintiffs were directed to lead evidence by filing affidavits of all the witnesses.

(3.) IT is stated that on 2nd January, 2013, while the plaintiffs were ready and willing to perform their part of the obligation, the defendant for his personal difficulties expressed his inability to execute the sale deed and handover the vacant physical possession of the suit property to the plaintiffs. Therefore, it was agreed in writing that the date of 2nd January, 2013 be extended to 6th February, 2013.