BABASO RAMCHANDRA DUDHAT Vs. VIJAY SADASHIV NILATE

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. 6/11/2023 passed by learned Civil Judge Junior Division, Malshiras below Exhibit-17 in Regular Civil Suit No.1209/2023, whereby application filed by petitioner seeking stay to proceeding in Regular Civil Suit No.1209/2023 pending decision of Special Civil Suit No.73/2022 has been declined.

(3.) The petitioner instituted Special Civil Suit No.73/2022 against Vitthal Ramchandra Ughade and others seeking relief of specific performance of contract on the basis of agreement to sale dtd. 19/1/2019 in respect of land Gut No.977/2/A/3 to the extent of 4.5 R. It is contention of petitioner that respondent-Vitthal Ughade agreed to sell suit property in his favour for total consideration of Rs.10,00,000.00. He has already parted with sum of Rs.5,00,000.00 by way of earnest money and ready and willing to pay balance Rs.5,00,000.00. The defendant no.1-Vitthal has executed written agreement to sale dtd. 19/1/2019 on Bond Paper of Rs.100.00 and also handed over possession to petitioner. However, defendant no.1 ignoring agreement to sale executed in favour of petitioner, transferred property in favour of defendant nos.2, 3 and 4 under registered sale deed dtd. 30/4/2021. According to petitioner, sale deed dtd. 30/4/2021 is illegal. No right is accrued to defendant nos.2, 3 and 4 on the basis of illegal sale deed. The defendant no.1 is under obligation to execute sale deed in favour of petitioner in pursuance to agreement to sale dtd. 19/1/2019.