BHANUSHALI GRIH NIRMAN SAHKARI MARYADIT, UJJAIN Vs. NAGGIBAI

JUDGEMENT

(1.) The applicant/plaintiff has filed the present MCC under section 24 read with section 151 of C.P.C. seeking transfer of the proceedings in Civil Suit No. 3-A/2016 (Bhanushali Grih Nirman Sahkari Maryadit, Ujjain v. Naggibai and others) from the Court of Additional District Judge, Ujjain to the District Court, Indore.

(2.) The plaintiff has filed the suit for specific performanc of contract in respect of land bearing Survey No. 345/1, 345/1/1, 345/1/2 and 347/1 situated at Village Nanakheda, Tehsil and District Ujjain. Said land is owned by defendant No. 1-Naggibai and defendant No. 2-Late Sunderbai. Defendant No. 2-Sunderbai has expired and now represented through legal heirs. Defendants No. 3 to 7 have been impleaded as defendants as they purchased the said property from defendants No. 1 and 2. According to plaintiff, as per terms and conditions of agreement to sale dated 8.2.1998, plaintiff has paid a total sum of Rs. 2,58,750/- to defendants No. 1 and despite that, she has not executed the sale-deed in his favour.

(3.) After notice, defendants No. 3 to 5 have filed their written statement on 3.5.2016. Learned trial Court as well as first appellate Court has refused to grant temporary injunction in favour of the plaintiff, but in Misc. Appeal No. 1696/2016, the respondent No. 5, who is a practicing lawyer, fairly stated that the respondents will not dispose of the property in question and will not create any third party right. Vide order dated 8.2.2017, aforesaid Misc. Appeal was disposed of with a direction to the trial Court to decide the suit within a period of six months.