Important Point – Merely because subsequently an agreement for sale is executed by original owner which agreement is subsequently registered would not nullify effect of decree passed by competent court.

1. By this second appeal filed under section 100 of the Code of Civil Procedure, 1908 the appellant (original defendant) has impugned the oral judgment delivered on 29th November, 2012 by the Principal District Judge, Sangli (hereinafter referred to as the “lower appellate Court”), allowing the appeal filed by the respondents herein (original plaintiffs) and thereby setting aside the judgment and decree passed by the learned Civil Judge, Junior Division, Miraj on 25th January, 2006 dismissing the suit filed by the plaintiffs and has decreed the said suit. The lower appellate Court has also granted permanent injunction against the appellant (original defendant) from disturbing the possession of the respondents herein over the suit property. For the sake of convenience, the parties in this judgment are described as they were described in the proceedings before the learned trial Judge.

2. By an order dated 10th June, 2015, passed by this Court, this Court has formulated two substantial questions of law in this second appeal and directed that the matter might be disposed of finally on the returnable date. The substantial questions of law formulated by this Court are as under :-

(1) Whether the lower Appellate Court was right in holding that the bar created for entertaining a fresh suit under Section 47 read with Order XXI, Rule 101 of the Civil Procedure Code would operate in passing a decree for possession in favour of the plaintiffs after holding that the plaintiffs are not bound by the decree passed in Regular Civil Suit No.4 of 1984 ? and

(2) Whether the lower Appellate Court was right in passing a decree for grant of permanent injunction without there being any adjudication on the question of the effect of the decree passed in Regular Civil Suit No.4 of 1984 on the rights of the plaintiffs in the suit in question ?

3. The land bearing gat no.375 admeasuring 1 Hector, 41 Ares situated at village Aagar, taluka Miraj, district Sangli is the suit property. The said suit property was originally owned by Vyankatesh Risbud. After his death, his legal heirs inherited the said land. On 30th November, 1983 Prakash Risbud, son of Vyankatesh Risbud alienated the suit property by a sale deed which was registered to Shankar Dharma Khot and had alleged to have handed over possession of the suit property to him. It was alleged by the plaintiffs that the said Shankar Dharma Khot had allotted the suit property to his son Ishwara Shankar Khot in a family partition. It was however the case of the defendant that the said Vyankatesh Risbud had entered into an agreement for sale with the defendant in respect of the suit property on 5th February, 1974. The defendant had issued a notice to the legal heirs of the said Vyankatesh Risbud calling upon them to comply with their part of obligation under the said agreement for sale dated 5th February, 1974, which was entered into between the defendant with the said Vyankatesh Risbud.

4. It was the case of the defendant that the said Vyankatesh Risbud during his life time and the legal heirs of the said Vyankatesh Risbud after his demise did not comply with their obligations under the said agreement for sale dated 5th February, 1974, the defendant filed a suit being R.C.S. No.4 of 1984 against the father of the plaintiffs and others for seeking specific performance of the said agreement for sale and for possession of the suit property. The said suit being R.C.S. No.4 of 1984 for specific performance was decreed on 30th March, 1991. Mr. Prakash Risbud, son of Vyankatesh Risbud died some time in the year 2000.

5. It was the case of the plaintiffs that on 25th April, 2001, the plaintiffs who are sons of Prakash Risbud purchased the suit property from Ishwara Shankar Khot.

6. Mr. Prakash Risbud filed an appeal being R.C.A. No.369 of 1991 thereby impugning the decree dated 30th March, 1991. The said appea