AMOL Vs. DEORAO

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally by the consent of the learned counsels appearing for the parties.

(2.) All these three matters challenge the common order passed on 21-8-2009 by the learned 4th Joint Civil Judge, Senior Division, Nagpur, dismissing the application Exhibit 1 in Special Darkhast No.118 of 1995 and allowing the applications Exhibits 1 and 6 filed in Special Darkhast No.156 of 1995. The Executing Court has proceeded further in Special Darkhast No.156 of 1995 and the judgment-debtors in the said Darkhast are directed to execute and register the sale-deed of the suit property in favour of the applicant, after rejecting the objections at Exhibits 19, 70 and 159, to the executability of decree raised by the petitioners in all these three matters. The proceedings before the lower Court are stayed.

(3.) The facts leading to the case are as under : The property in dispute (suit property) is the land admeasuring about 18.07 acres, bearing Survey Nos.53 and 54 out of Sheet No.291/74 and 292/75, having Khasra Nos.120/1 and 131 of Mouza Dhaba, P.H. No.7, Ward No.67, Tahsil and District Nagpur. A Special Civil Suit No.263 of 1985 was filed by 11 persons, who were the plaintiffs, for specific performance of contract dated 10-2-1982 in respect of the suit property, against one Santoshrao Bhongade, the owner of the property, who was joined as the sole defendant in the said suit. The names of 11 persons, who had filed the suit, are required to be stated as under :