KISAN SHRIPAT PATIL Vs. RAGHO VEDU PATIL

JUDGEMENT

(1.) By way of present petition, the petitioner challenges the order dated 6th November, 2004 passed by the 2nd Joint Civil judge Senior Division, Dhule below Exhibit 1 in Regular Darkhast No. 275/2001, thereby allowing the application of the present respondent for execution of the decree passed in Special Civil Suit No. 13/1992.

(2.) The parties hereinafter would be referred as plaintiff/respondent and defendant/petitioner. It appears that the plaintiff/respondent had entered into an agreement of sale with the defendant on 16th December, 1985 for purchase of suit land admeasuring 1 Hectare 31 Ars. situated at village Arvi in block No. 4. The defendant/petitioner failed to execute the sale deed. The plaintiff, therefore, issued notice to the defendants. However, on failure to execute the sale deed, the plaintiff/respondent filed Special Civil Suit No. 13/1992 for specific performance of contract. The said suit came to be decreed on 10th December, 1996. Vide the decree in the said suit, the learned trial Court had directed appointment of commissioner to execute the sale deed in favour of the decreeholder in respect of the suit property. The decreeholder was also directed to pay an amount of rs. 10,000/ -.

(3.) The said judgment and order passed by the learned trial Court came to be challenged before the District Court. The said appeal also came to be dismissed by the Appellate Court and as such, the judgment of the trial Court has achieved finality.