SUBHADRABAI Vs. SHARAD

JUDGEMENT

(1.) The grievance raised by the appellant in the present appeal is that the learned District Judge, Nagpur has wrongly remanded back the matter to the trial court without considering the factual as well as legal position. On that count impugned judgment and order dtd. 2/9/2022 passed in the Regular Civil Appeal No.260/2017 is under challenge in the matter.

(2.) In the present appeal, for the sake of convenience, the appellant hereinafter referred as the plaintiff and the respondents are referred as defendants.

(3.) It is the case of the plaintiff that she entered into an agreement with defendants to purchase the field Survey No. 194-A and 194-K ad-measuring 0.81 R and 0.74 R of mouza Chikhli, Tahsil-Kamptee, District-Nagpur for the consideration of Rs.1,91,500.00 on 28/3/2002. At the time of agreement, plaintiff had paid Rs.60,000.00 as an earnest amount to the defendants. The balance consideration was decided to be paid at the time of executing the sale deed of the suit property. The date of execution of sale deed was decided on or before 28/2/2005.