SHARAD SITARAMJI SHENDE Vs. NILESH SUBHASHANDJI KATARIYA

JUDGEMENT

(1.) Admit. Heard finally with the consent of learned counsel appearing for the contesting parties.

(2.) These two Revision Applications have been filed by defendants in a suit filed by the respondent No.1 for specific performance. While Civil Revision Application No.16/2022, is filed by the original defendant Nos.1 to 4 and 6 to 8, Civil Revision Application No.17/2022, is filed by the original defendant Nos.5 and 9. In these Revision Applications, the applicants have challenged common order dtd. 20/01/2022, passed by the Court of Civil Judge, Junior Division, Warora, District Chandrapur on Exhs.39 and 57, i.e. the two applications filed for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC). The Court below has rejected both the applications, holding that the suit filed by the respondent No.1 deserves to go to trial.

(3.) The facts, in brief, leading to filing of the present Revision Applications are that on 03/02/2011, a document titled as "Sauda Chitthi ", was executed between the respondent No.1 with one Jodhrajji Kothari on the one hand and the applicants herein on the other. In these documents, it was stated that the applicant had agreed to sell specific area of land at Rs.40,00,000.00 per acre, in respect of which amount of Rs.2,01,000.00, was received by the applicants and that an agreement in that regard would be executed on 17/02/2011, on which day, further amount to the extent of 25% of the consideration would be received by the applicants.