SAVITRI Vs. JAGDEESH PRASAD SHARMA

JUDGEMENT

(1.) THIS is first appeal under Section 96 read with Order 21 Rule 103 of the Code of Civil Procedure, 1908 preferred by the appellants aggrieved by an order of the trial Court dated 5th October, 2010, whereby their application under Order 21 Rule 97 CPC objecting to the execution of the decree dated 11 th September, 09 passed by the trial Court in Suit No.19-A/2009 has been dismissed.

(2.) BRIEFLY stated the facts of the case giving rise to this appeal are that respondent No.1 filed a civil suit for specific performance against the predecessor-in-title of the appellants and had prayed for a decree of specific performance on the basis of an agreement to sell dated 15-5-2006 in respect of the suit property executed by the predecessor-in-title of the appellants in favour of respondent No.1. The appellant No.1 is the daughter of the vendor and appellant No.2 is the daughter's son of another daughter of the vendor. The predecessor-in-title of the appellants namely Lalaram being the vendor died during the pendency of the suit and upon his death, his both the sons were impleaded as his legal heirs.

(3.) IN view of the foregoing, this Court does not find any merit in this appeal which fails and is hereby dismissed but with no order as to costs.