VIMLA DEVI Vs. HARISH KUMAR

JUDGEMENT

(1.) The petitioners to the present writ petition had prayed for the following reliefs:-

(2.) The brief facts, which engages consideration in the present case are that initially Suit No. 89 of 2000, was filed by the plaintiff/respondents herein for grant of decree of specific performance, which was decreed by the learned trial court vide its judgment of 17/3/2004. The said judgment and decree was put to challenge in First Appeal No. 05 of 2006 Smt. Lata vs. Bijendra Kumar, the same was dismissed for want of prosecution by the High Court. A restoration was filed by the petitioners, being Restoration Appl. No. 691 of 2008 which was filed alongwith the Delay Condonation Appl. No. 373 of 2008. The same was dismissed by the High Court vide its judgment dtd. 17/2/2008. Against the rejection of restoration application, a review application was preferred which was also dismissed by the judgment of 31/7/2009.

(3.) Being aggrieved against the aforesaid orders, referred above, admittedly an SLP was preferred by the petitioners before the Hon'ble Apex Court, the Hon'ble Apex Court too had dismissed the SLP on 9/11/2009 and thereby affirmed the judgment and decree which was rendered by the learned trial court on 17/3/2004, decreeing the suit for specific performance.