SHOBHA ASHOKRAO DESHMUKH Vs. JAGANNATH PARSHURAM SHINDE

JUDGEMENT

(1.) This Civil Revision Application arises out of the order passed below Exh. 1 in M.A. No. 82/2003, by learned District Judge, Latur on 31.3.2004 and the petitioner herein prayed that the said impugned order be quashed and set aside.

(2.) The factual matrix in brief are that, the respondent Nos. 1 and 2 i.e. original plaintiffs had filed Special Civil Suit No. 6/1982 before Civil Judge, Senior Division, Latur for specific performance against the present respondents as defendants. However, the said suit was decided on 1.9.1989 and the specific performance and the another relief of refund of consideration were refused therein. Aggrieved by the said judgment and decree, the respondent Nos. 1 and 2 i.e. original plaintiffs preferred Regular Civil Appeal No. 22/1990 in District Court, Latur. During the pendency of the suit, defendant No. 1 expired and his heirs ie. defendant No. 1-b to 1-f were brought on record. Subsequently, the said appeal was allowed by judgment and order dated 16.2.1999 and the relief of specific performance was granted to the plaintiffs. The operative part of the order reads as follows: "The suit is decreed. The defendant No. 1-b to 1-e are directed to receive the amount of Rs. 25,000/- from the plaintiffs and thereafter defendant Nos. 1-b to 1-e and defendant Nos. 2 to 6 shall execute a registered sale deed in respect of the suit land, in favour of the plaintiffs, within a period of two months. Otherwise, plaintiffs shall be entitled to get specific performance through the Court of law. The plaintiffs to recover cost of the suit from the defendant Nos. 1-b to 1-e and defendant Nos. 2 to 6."

(3.) Being aggrieved by the said judgment and order, Second Appeal No. 185/1999 was preferred by the original defendants before this Court, but the said second appeal was also dismissed on 11.3.2003.