MITHLESH AND OTHERS Vs. RAMWATI AND OTHERS

JUDGEMENT

(1.) Present regular second appeal against judgment and decree dated 7.8.2010, passed by learned Additional District Judge, Palwal, whereby appeal filed by the defendants was dismissed. For the sake of convenience, parties are being referred to as per their status before the Court of first instance. Relevant facts of the case that plaintiffs had filed suit for possession by way of specific performance of agreement of sale dated 24.10.1994. Defendant denied the due execution of the agreement.

(2.) Learned counsel for the appellants mainly submitted that first Appellate Court has decided the appeal on the basis of statement dated 1.5.2010 having been made by the parties before learned Additional District Judge, Palwal, whereby present appellants had undertaken to deposit the amount of Rs. 35,00,000/- upto 1.7.2010 and in case of non-compliance, appeal be dismissed.

(3.) Having considered the submissions made by learned counsel for the parties and gone through the facts of the case; material available on the file and the judgments referred to and relied upon by learned counsel for the appellants, this Court is of the considered view that matter in controversy is short and simple. Mainly, interpretation of Order 23 Rule 3 CPC is involved and relevant provision thereof is being