SHAMBHU NATH Vs. DIST JUDGE MIRZAPUR

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) In this petition the order dated 21-2-2004 passed by the executing court and the order dated 30-1-2006 passed by the revisional court are under challenge.

(3.) A suit for specific performance of contract of the plaintiffs respondents was decreed by the trial court on 15-4-1978 and direction was given for the plaintiffs to deposit the remainder sale consideration of Rs.7,000/- within a period of two months. In pursuance to that, the respondents made deposit of all the aforesaid sum on 3-5-1978. Meanwhile the first appeal before the District Judge was filed, which was ultimately dismissed on 16-1-1979 wherein also a direction was given for depositing the remainder sale consideration of Rs.7,000/- within a period of one week. Since the amount aforesaid was already under deposit, the respondents did not make further deposit and meanwhile the second appeal before this court was filed. This second appeal also met the same fate of dismissal vide order dated 23-9-2003. However, during pendency of the second appeal a permission was given by this court vide Annexure No. 19 to the respondents plaintiffs to withdraw that deposit of sale consideration a sum of Rs.7,000/- and thereafter in the event of dismissal of appeal it was directed that the plaintiffs respondents would obtain permission for making fresh deposit from this court. However, without obtaining any fresh permission from this court subsequent deposit of sale consideration of Rs.7,000/- was done by the respondents plaintiffs on 2.8-2-2004 in pursuance to the impugned order of the executing court.