HORILAL Vs. ADDITIONAL DISTRICT JUDGE AGRA

JUDGEMENT

(1.) Heard Sri V.D. Dubey, learned Counsel for the Petitioners and Sri Rajiv Gupta, appearing on behalf of the Respondents.

(2.) By means of the present petition, the Petitioner is challenging the order dated 26.11.2009, passed by the Respondent No. 1 in Civil Revision No. 77 of 2008 arising from the order dated 8.4.2008.

(3.) One Atar Singh, the father of the Respondent No. 2, and the husband of Respondent No. 3 filed Original Suit No. 277 of 1982 against the father of the Petitioners, Sri Ram Het, for specific performance of agreement to sell dated 5.11.1981, in respect of Khasra No. 715, measuring 1 Bigha 7 Biswas and Khasra No. 724, measuring 15 Biswas, total 2 Bighas 2 Biswas, situate in Mauja Bisehara, Tehsil-Kheragarh, District Agra. The said Suit was dismissed on 29.7.1983 against which Appeal No. 225 of 1983 was filed before this Court. The valuation was below Rs. 5 Lakhs, in view of notification dated 6.5.1995, the appeal has been sent back to Agra Judgeship, which was renumbered as Civil Appeal No. 167 of 1997. During the pendency of the appeal, Atar Singh died on 11.4.1999. His heirs were substituted. Lateron, Ram Het also died on 25.9.1987. The said appeal has been allowed by the appellate Court on 7.10.2002 and the order dated 29th July, 1983, passed by the Trial Court has been set aside. The appellate order dated 7.10.2002, passed in Appeal No. 167 of 1997, has not been challenged.