RASHI & OTHERS Vs. SHRIKRIPA INFRASTRUCTURE AND OTHERS

JUDGEMENT

(1.) This order shall govern the disposal of Civil Revision No.151/2012 and Miscellaneous Appeal No.1049/2012 arising out of orders passed in Civil Suit No.7-A/2012 by learned Third Additional District Judge, Vidisha.

(2.) In Civil Revision No. 51/2012 filed by defendants no.1 to 9, the order dated 11.09.2012 passed by learned trial Court rejecting the application filed under Order VII Rule 11 of C.P.C. has been challenged by the defendants/appellants while in Miscellaneous Appeal No.1049/2012, plaintiffs have challenged the order dated 24.09.2012 by which application filed by the plaintiffs under Order XXXIX Rule 1 and 2 of C.P.C. has been rejected.

(3.) The brief facts of the case are that suit for specific performance of contract, declaration and permanent injunction has been filed by M/s. Shrikripa Infrastructure and other plaintiffs with regard to land regarding which the plaintiffs entered into an agreement with the defendants on 7.1.2011 which was duly registered on 9.01.2011. According to the agreement plaintiffs were required to develop the land on conditions mentioned in the agreement and for that amount of Rs.50 lacs has been paid by the plaintiffs to the defendants. After development, the land was to be sold and amount was to be received by the parties according to terms of the agreement. The defendants published a notice for cancellation of agreement between the parties, therefore, the plaintiffs have filed suit for specific performance.