Bombay High Court Considers Writ Petitions and Civil Revision Application Challenging Execution of Decree for Specific Performance; Executing Court Had Directed Sale Deed Execution. The dispute arose from a decree in First Appeal No. 790 of 1991 requiring deposit of consideration and execution of sale deed of about 18.07 acres land at Mouza Dhaba, Nagpur.

Execution proceedings arising from a decree for specific performance of a contract for sale of land, challenged through writ petitions and a civil revision application.

Setting aside the common order dated 21-08-2009 of the 4th Joint Civil Judge, Senior Division, Nagpur, which dismissed an application in Special Darkhast No.118/1995, allowed applications in Special Darkhast No.156/1995, and directed execution of the sale deed.

The petitioners/applicants were aggrieved by the executing court's order rejecting their objections to executability and directing the judgment-debtors to execute and register the sale deed.

Special Civil Suit No.263/1985 dismissed on 17-09-1991; First Appeal No.790/1991 allowed on 26-04-1993, decreeing specific performance with terms; executing court common order dated 21-08-2009.

Rule, returnable forthwith. Heard finally by the consent of the learned counsels appearing for the parties. All these three matters challenge the common order passed on 21-8-2009 by the learned 4th Joint Civil Judge, Senior Division, Nagpur, dismissing the application Exhibit 1 in Special Darkhast No.118 of 1995 and allowing the applications Exhibits 1 and 6 filed in Special Darkhast No.156 of 1995. The Executing Court has proceeded further in Special Darkhast No.156 of 1995 and the judgment-debtors in the said Darkhast are directed to execute and register the sale-deed of the suit property in favour of the applicant, after rejecting the objections at Exhibits 19, 70 and 159, to the executability of decree raised by the petitioners in all these three matters. In the result, the appeal is allowed with costs. The impugned judgment and decree are set aside. The cross-objection is also dismissed. The decree be drawn up in the following terms : (a) The suit filed by the plaintiffs on behalf of themselves and defendant Nos.2 to 5 for specific performance of the contract for remaining area of 18.07 acres of the suit property is hereby decreed with costs. (b) The plaintiffs as well as defendant Nos.2 to 5 are directed to deposit the balance consideration in Court after adjusting Rs.10,000/- already paid within six weeks from today. (c) Upon deposit of the amount the defendant No.1(a) to (d) are directed to execute and register the sale-deed within a month after expiry of six weeks. (d) On failure of the defendant No.1(a) to (d) to execute the sale-deed as directed, the plaintiffs as well as defendant Nos.2 to 5 shall obtain the sale-deed through Court. (e) The plaintiffs as well as defendant Nos.2 to 5 be put in possession of the suit property as well.

Special Civil Suit No.263 of 1985 filed by 11 plaintiffs for specific performance of contract dated 10-02-1982 in respect of suit land admeasuring 18.07 acres at Mouza Dhaba, Nagpur, against Santoshrao Bhongade. Trial court dismissed suit on 17-09-1991. Plaintiff Hifzul Kabir and six others preferred First Appeal No.790/1991 before Bombay High Court; during pendency, sole defendant died and legal representatives were brought on record. High Court allowed appeal on 26-04-1993, setting aside dismissal and decreeing specific performance with directions for deposit of balance consideration, execution of sale deed, and possession. Execution proceedings initiated; executing court passed common order on 21-08-2009 dismissing application in Special Darkhast No.118/1995 and allowing applications in Special Darkhast No.156/1995, directing judgment-debtors to execute sale deed and rejecting objections. The petitioners/applicants in these three connected matters challenged that order before High Court.