KAMLA NEHRU Vs. RAVI

JUDGEMENT

(1.) Learned Senior counsel for the appellant at the outset made a prayer for withdrawal of this appeal.

(2.) On the other hand, Shri S.M. Dagaonkar, learned counsel for the respondent No.3 has submitted that he has field his cross objection on 26.6.2006 vide I.A.No.5186/2006 and, therefore, the same is maintainable and the same may be decided separately.

(3.) Brief facts of the case are that the appellant plaintiff has filed a suit for specific performance of contract and possession on 23.7.1998 in respect of an area of 8.92 acres of survey no.67 to 72, 80 to 82, 85, 89 and 90 to 93 of village Gadrakhedi, Tehsil and District Indore, on the ground that the appellant - Kamla Nehru Grih Nirman Sahakari Samiti Mariyadit Indore had executed an agreement for sale of the said land with Shri Shashi S/o. Ramchandra Godbole at the rate of Rs.21,000/- per acres. It is also averred that the total amount of consideration was Rs.1,87,320/- out of which Rs.1000/- was paid at the time of execution of the agreement and rest of the amount would be paid within a period of two years from the date of execution of the agreement. It is also averred that at the time of execution of agreement possession was delivered. From the averment made in the plaint, it is not in dispute that suit land was originally owned by Smt. Manorama Khasgiwal. She died on 8.3.1974. No written statement was filed by the respondent No.4. As per order sheet dated 8.5.2004 statement was made by the respondent No.4 Sheetaleshwar Grih Nirman Sahakari Sanstha Mariyadit, Indore that society does not want to file any written statement. Later on they filed an application on 31.8.04 that respondent No.4 society wants to file written statement which was rejected by the trial Court vide order dated 21.12.2004.