(1.) This application has been filed by the plaintiffs praying inter alia for review of the order dated 19.02.2014.
(2.) It is pertinent to note that on 02.05.2014, when the present application was listed before the predecessor Bench, namely, Rajiv Sahai Endlaw, J., it was observed that though the present application is couched as a review application, the plaintiffs are actually seeking recall of part of the order dated 19.02.2014, wherein the statement of the counsel for the plaintiffs was recorded, giving up the claim for specific performance. With these directions, the present application was directed to be placed before the Roster Bench.
(3.) Counsel for the plaintiffs states that after passing of the order dated 19.02.2014, the plaintiff No.1 had called upon his wife, plaintiff No.2 to look for some documents and thereafter discovered some hand written receipts allegedly executed by the defendants acknowledging receipt of amounts to the tune of Rs.19 lacs. Learned counsel states that the said amounts were paid by the plaintiffs to the defendants for sale of the first floor of the suit premises and therefore, the order dated 19.02.2014, whereunder the statement of the counsel to the effect that the plaintiffs do not claim any other right in the suit property except as tenants and they seek recovery of the amounts allegedly paid to the defendants, without claiming enforcement of the Agreement to Sell, ought to be modified.