BABU SINGH KUSHWAHA Vs. RAMMO BAI

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India at the instance of the plaintiffs is directed against the order dated 6.10.2015 passed in Miscellaneous Civil Appeal No.85/2015 passed by VIII Additional District Judge, Gwalior. The order dated 13.8.2015 passed by the trial Court in Civil Suit No.8-A/2015 rejecting the application filed under Order XXXIX rules 1 and 2 CPC has been affirmed.

(2.) Facts necessary for disposal of this writ petition are in narrow compass. Suit for specific performance of agreement, declaration and permanent injunction has been filed on 12(13).3.2015 by the plaintiffs'/petitioners' inter alia contending that by an agreement dated 10.10.2011 defendant No. 1, Smt. Rammo Bai agreed to sell the suit land in favour of plaintiffs ' described in paragraph 2 of the order of the trial Court for a consideration of Rs.55.00 lacs. At the time of agreement, defendant No. 1 has accepted advance money of Rs.5,00,000/- and has further agreed that the remaining consideration amount shall be paid at the time of execution of the sale-deed.

(3.) It is contended that the plaintiffs have all along been ready and willing for execution of the sale-deed but defendant No. 1 has avoided the same with one or the other pretext. It is contended that once suit has been filed by defendants No.2 to 4 wherein plaintiff has also been arrayed as one of the defendants; Civil Suit No.51 -A/2010. In the said suit, the plaintiffs have also filed counter-claim on 21.2.2012. However, the plaintiffs were proceeded ex parte on 11.9.2012. On 2.2.2015 defendants No.2 to 4 have informed plaintiffs that the suit land has been transferred in their favour by defendant No. 1, Smt. Rammo Bai on the basis of compromise decree dated 19.1.2015 passed in Civil Suit No.51 -A/2010 (New No. 19-A/2010). It is further contended that plaintiffs have filed First Appeal No.26/2015 before the High Court against the aforesaid compromise judgment and decree and the same is pending for consideration.