DHIRAJ TOKAS Vs. CHHALURAM

JUDGEMENT

(1.) A pass over was prayed on behalf of counsel for the plaintiff Mr. Pankaj vivek. The counsel who sought Passover was unable to disclose whether the plaintiffs had paid the sale consideration to the defendant for the purchase of the property in terms of previous order After pass over, no one is present on behalf of the plaintiff. Learned counsel for the defendant has contended that mr. Pankaj Vivek, Advocate on behalf of the plaintiff told him outside the Court after the matter was passed over that the plaintiffs are not ready to pay the balance sale consideration and, therefore, he will not appear on behalf of the plaintiffs.

(2.) THIS is a suit for specific performance of agreement to sell dated 22nd april, 2005. The plaintiffs contended that they had always been ready and willing to perform their part of the agreement and have the financial means. The plaintiffs also filed a bank balance certificate with the plaint to contend that they are still ready and willing to obtain execution of sale deed. It was asserted by the plaintiffs that the defendant is not executing the sale deed dishonestly and delivering the possession of the suit property.

(3.) THE written statement was filed by the defendant challenging the allegations raised by the plaintiffs. After the written statement was filed, at the instance of the parties, the matter was referred to the Mediation Centre by order dated 20th November, 2008. On 6th January, 2009, it was intimated that the parties have reached a settlement and an application regarding the settlement of disputes shall be filed. However, the application incorporating the settlement between the parties was not filed. On 17th March, 2009, the plaintiff No. 1 stated that the plaintiffs are ready to purchase the property. The learned counsel for the defendant reiterated that the defendant is agreeable to sell the property at the price which had been agreed between the parties. Therefore, on 17th March, 2009 time was sought for filing the application incorporating the settlement arrived at between the parties.