(1.) The petitioner alleges violation of the order dtd. 10/3/2014, vide which while adjourning the RSA No.2142-2013 to 29/8/2014, it was directed that'In the meantime, execution of the impugned decree shall remain stayed.' The case file of RSA No.2142-2013 is summoned and interim orders are perused.
(2.) Brief facts of the case are that a civil suit was filed by respondent No.1/Jai Parkesh-plaintiff on 20/4/2007 praying for decree of possession by way of specific performance of an agreement to sell dtd. 28/12/2006 regarding 01 Bigha 12 Biswas of land for a total consideration of Rs.3,85,000.00. This suit was filed by respondent-plaintiff Jai Parkesh against Chatter Singh @ Kaptan/defendant No.1 and petitioner Saroj Kanta/defendant No.2. Defendant No.1 in his written statement denied the execution of agreement to sell. The defendant No.2 set up a plea that she is a bona fide purchaser. The trial Court vide its judgment and decree dtd. 23/3/2010 partly decreed the suit regarding return of Rs.1,00,000.00 earnest money along with interest @ 12% per annum till its realisation.
(3.) In appeal filed by respondent Jai Parkesh, the same was accepted and defendant No.1 Chatter Singh @ Kaptan was directed to execute the sale deed of the disputed property within two months of the date of judgment, failing which the plaintiff-appellant-Jai Parkesh was held entitled to get the sale deed executed through trial Court.