BABASAHEB LAXMAN TIDKE Vs. KARBHARI BAPURAO MORE

JUDGEMENT

(1.) HEARD learned Advocate Shri V. D. Salunke for the petitioners, Respondents are served.

(2.) THIS Civil Revision Application is directed against the order of restoration of land bearing survey No. 66 of village Kari, Taluka Majalgaon, District beed, dt. 22. 11. 1991 passed by the Civil Judge, Junior Division, Majalgaon.

(3.) ADUMBRATED in brief, the facts giving rise to this Civil Revision Application are as under: one Karbhari More had executed agreement to sell the land bearing revision survey No. 66 admeasuring 7 acres and 37 gunthas of village Kari to Laxman vishnuba Tidke. Laxman Tidke was ready and willing to perform his part of the contract, Karbhari More was rather reluctant to perform his part of the contract. Laxman, therefore, filed Regular Civil Suit No. 137/1966 for grant of relief of specific performance of contract and for recovery of actual possession of the land agreed to be sold. Karbhari More contested the said suit. The trial Court decreed the suit. Karbhari More did not file appeal in the District Court and ultimately the decree passed in Regular Civil Suit No. 137/1966 achieved finality.