(1.) THIS revision is directed against an order of the Second Additional Civil Judge, Varanasi dated September 20, 1983.
(2.) THE dispute relates to a house situate in Varanasi city. THE house belongs to Sudarshan Mukherji (hereinafter referred to as the owner). On May 25, 1970 the owner allegedly entered into an agreement to sell this house in favour of the opposite party for a consideration of Rs. 40,000/-of which a sum of Rs. 4,000/- was received as earnest. An agreement was entered into by the owner thereafter on July 31, 1970 with the revisionist whereby he stipulated to sell this house to him for Rs. 43,000/- and obtained Rs. 5000/- as earnest. THE sale was to be executed within six months of the agreement. This period was extended from time to time until May 5, 1973. On May 24, 1973 the owner executed sale of the house in favour of one Shyam Sunder Khemka described hereinafter as the subsequent vendee. THE revisionist instituted Original Suit No. 78 of 1973 in the court of the Civil Judge, Varanasi for specific performance of the agreement dated July 31, 1970 against the owner and the subsequent vendee. THE trial court decreed the suit on June 1, 1974 for refund of the earnest money, but not for specific performance. THE revisionist filed First Appeal No. 103 of 1973 in this Court which was allowed on September 13, 1978 and decree was passed in favour of the revisionist for specific performance of the agreement against the owner and the subsequent vendee above mentioned. A special Leave Petition filed in the Supreme Court against this decision was dismissed. THE opposite party instituted Original Suit No. 56 of 1981 against the owner, the subsequent vendee and the revisionist seeking the relief of specific performance of the agreement claimed to be entered into on May 25, 1970. This suit was decreed on May 18, 1982, by the First Civil Judge, Varanasi against the owner and the subsequent vendee directing them to execute the sale in favour of the opposite party. THE revisionist has filed First Appeal No. 388 of 1982 against this decree of the trial court. In this appeal there was an ad-interim order made on July 26, 1982, on the application of the revisionist to the effect that the execution of the deed of sale in favour of the opposite party shall remain stayed pending disposal of this appeal. THE revisionist has moved an application in execution with respect to the decree obtained by him in Original Suit No. 78 of 1973. THE execution is registered as No. 4 of 1979. It was instituted in the court of the Civil Judge, Varanasi, but upon the application made by the opp. party under section 24 of the Code of Civil Procedure, this has been transferred to the court of the Second Additional Civil Judge, Varanasi. THE opposite party applied on September 14, 1983 for this execution being stayed under Order 21, rule 29, read with section 151, CPC. Under the impugned order the court below has directed stay of the execution pending decision in First Appeal No. 388 of 1982, aforementioned.
(3.) UPON merit, Rule 29, Order 21, CPC, as amended by this Court with effect from June 1, 1957, read as under :-