DIGAMBAR RAMDAS DHANE Vs. RAMDAS NARAYAN JADHAV

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of parties, matter is taken up for final hearing at admission stage.

(2.) The present Writ Petition takes exception to order dtd. 1/12/2021 passed by learned Civil Judge Senior Division, Satara below Exhibit-42 in Special Civil Suit No.142/2018, thereby rejecting application filed by petitioner (original plaintiff) seeking amendment in plaint. (Hereinafter, parties are referred to by their original status for the sake of convenience and brevity).

(3.) The plaintiff instituted Special Civil Suit No.142/2018 before Civil Judge Senior Division, Satara seeking decree of specific performance of contract with confirmation of defendant nos.5 to 8 in respect of suit property. It is contention of plaintiff that defendant nos.1 to 4 agreed to sell suit property to him for consideration of Rs.8,50,000.00. At the time of oral agreement, amount of Rs.50,000.00 was paid as token. Thereafter, part of consideration amount was transferred by way of NEFT. On 7/3/2018, plaintiff paid stamp duty of Rs.42,500.00 and registration fees of Rs.8500.00. The date for execution of sale deed was fixed on 28/3/2018. However, defendant no.1 avoided to attend Registrar office under pretext of marriage ceremony of his son. It was agreed that sale deed would be executed on 13/4/2018. Although plaintiff and defendant nos.1 to 3 were present in office of Registrar, defendant no.4 was absent. Eventually, sale deed could not be executed. On 22/5/2018, defendant nos.1 to 4 transferred suit property in favour of defendant nos.5 to 8. Hence, Special Civil Suit No.142/2018 is instituted seeking specific performance of contract and execution of sale deed. The defendant no.5 refuted plaintiff's claim by filing written statement.