KHEVINABEN RAMBHAI PATEL Vs. ISHWARBHAI NARSIBHAI PATEL

JUDGEMENT

(1.) THE present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the petitioner herein ' original decree holder ' original plaintiff to quash and set aside the impugned judgement and order dated 25/06/2001 passed by learned 7th Joint Civil Judge (S.D.), Vadodara (Executing Court) below Exh.1 in Special Execution Petition No.97 of 1977 and consequently to direct the respondents, their agents and servants to execute the sale deed in favour of the petitioner of the suit bungalow along with open land admeasuring 5550 sq.yards as mentioned in the plaint as well as in this Civil Revision Application.

(2.) HAVING heard learned advocates appearing on behalf of the respective parties and considering the original Agreement to sell executed by original defendants of which specific performance was sought, by which, original defendants original judgement debtors agreed to sell the property bearing Tika No.8/2 of Survey No.1, Plot No.3 admeasuring 5,550 sq.fts., as per description mentioned in the Agreement to sell dated 21/01/1969. It is not in dispute that judgement and decree passed by learned Trial Court passing decree of specific performance of the Agreement to sell dated 21/01/1969 has been confirmed upto Honble Supreme Court in favour of the petitioner herein. Under the circumstances, the respondents herein original defendants are bound to execute sale deed with description as mentioned in Agreement to sell dated 21/01/1969.