VISHWANATH AMBADAS Vs. BAJIRAO

JUDGEMENT

(1.) Heard Mr. M.G.Deokate, learned counsel for the appellants and Mr. S.S.Choudhary, learned counsel for respondent No. 2 at length.

(2.) By order dated 19/04/1988, Appeal was admitted without formulating any substantial question of law. The matter was thereafter heard by me on 30/10/2014. In the order dated 30/10/2014, it was recorded that since Appeal was admitted without formulating any substantial question of law, the Court may have to consider whether the Appeal raises any substantial question of law u/s 100 (1), (3), (4) and (5) of the Code of Civil Procedure, 1908 (for short, ' C.P.C.' ).

(3.) By this Appeal, u/s 100 of C.P.C., original defendants have challenged the Judgment and decree dated 25/02/1988 passed by the 2nd Additional District Judge, Jalna in R.C.A. No. 17 of 1982. By that order, learned District Judge allowed the Appeal preferred by respondents No. 1 and 2 herein (for short, ' plaintiffs ' ) and quashed and set aside the Judgment and decree dated 27/11/1987 passed by the 2nd Joint Civil Judge, Junior Division, Jalna in R.C.S. No. 14/1980. The learned District Judge decreed the Suit instituted by plaintiffs for specific performance of contract dated 29/05/1974. The plaintiffs were directed to deposit remaining consideration of Rs. 1,000/ (Rupees One Thousand only ) in the Court within two months from the date of the order. The Appellants ( hereinafter referred to as ' defendants ' ) were directed to perform their part of contract by executing registered sale deed of land bearing S.No. 55/2 admeasuring 7 Acres 39 gunthas situate at Sawargaon Hadap, Taluka and District Jalna (for short, ' suit land ' ) in favour of the plaintiffs. If the defendants failed to perform their part of contract, the plaintiffs were at liberty to enforce their claim in accordance with law. The defendants were directed to withdraw Rs. 1,000/ (Rupees One Thousand only ) after plaintiffs deposit the same.