SHOBHA VILAS THAKARE Vs. NARENDRA TUMDEO HULKE

JUDGEMENT

(1.) -THIS Civil Revision application is heard finally at the stage of admission with the consent of both the parties.

(2.) BY the present Civil Revision Application, the applicant has challenged the common order dated 6-11-1999 passed by the learned 5th Joint Civil Judge, Senior Division, nagpur. in Special Darkhast No. 261 /98 whereby the learned trial Judge rejected the objections raised by the applicant and respondent No. 5 in said application.

(3.) A few facts leading to this application are as Under : the respondent Nos. 1 to 3/original plaintiffs had filed Special Civil Suit No. 7337 88 for specific performance of agreement of sale dated 19-6-1986 against the legal representatives of the deceased Narayanrao akolikar, i. e. applicant and non-applicants Nos. 4 to 11 in respect of municipal house No. 959/ 0+3 situated in Ward No. 75, Nagpur, alleging that on 19-6-1986 the deceased narayanrao Akolikar agreed to sell the said house to them for a consideration of Rs. 5,40,000/ -. It was also alleged that the amount , of Rs 50,000/- was paid by way of an earnest money. The said suit was decreed on 30-3-1998 and the learned 5th Joint Civil Judge. Senior Division. Nagpur directed the original plaintiffs to deposit the balance amount of consideration of Rupees Three Lakhs in the court within 30 days from 30-3-1998 and submit a draft, for the purpose of sale of the suit property. The sale-deed was to be executed by the defendants within 15 days thereafter.