JUDGMENT

Dr. D.Y. CHANDRACHUD, J

1. Delay condoned.

2. The present appeal is from the judgment of a Single Judge at the Nagpur Bench of the High Court of Judicature at Bombay. While allowing a first appeal, the High Court set aside the judgment and order of the Civil Judge (Senior Division) at Nagpur which had decreed a suit for specific performance instituted by the appellant, ex-parte.

3. The subject matter of the suit for specific performance is an agreement dated 15 July 2006 entered into by the appellant with the original defendant in respect of agricultural land admeasuring 1.66 Hectares (4.07 acres) situated in Mauza-Sondapar, Tahsil Hingna, District Nagpur. The total consideration payable under the agreement was Rs 13,04,391 out of which an amount of Rs 3,26,000 was recorded to have been paid. The balance of Rs 9,78,391 was to be paid at the time of the execution of the sale deed.

4. On 30 June 2007, Shobha, who is the daughter of the original respondent instituted a suit (Old Regular Suit No 726/2007 which was renumbered as Regular Suit No 269/2008) against her father and the appellant for partition, possession and for declaratory and injunctive reliefs in relation to the