RANJANA BEZBARUAH AND ORS. Vs. BANTI BHARALI

JUDGEMENT

(1.) Heard Mr. S. Sahu, learned counsel for the petitioners and Mr. T. Das, learned counsel for the respondent.

(2.) By filing this application under Article 227 of the Constitution of India, the petitioners have assailed the legality and validity of the order dated 21.07.2017, passed by the learned Civil Judge, Sonitpur, Tezpur in T.S. No. 22/2005.

(3.) The respondent is the plaintiff in T.S. No. 22/2015, which was filed for specific performance of contract for the sale of the suit property. The said suit was partly decreed vide judgment and decree dated 30.06.2008, thereby allowing refund of the consideration money of Rs.1,75,000/- (Rupees one lakh seventy five thousand only), but was denied specific performance of contract to obtain sale deed of the suit land. The aggrieved petitioners had preferred an appeal, which was registered as T.A. No. 2/2008. The said appeal was allowed vide judgment and decree dated 30.09.2011, passed by the learned District Judge, Tezpur, thereby setting aside the decree passed by the learned trial Court. The relevant part of the said order is extracted herein below:-