1. Heard learned counsel for the petitioner and learned counsel for respondent No.2.

2. Rule.

3. By consent of learned counsel for both the parties, rule made returnable forthwith.

4. By this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioners are challenging the order dated 27th February 2015, passed by the 6th Joint Civil Judge Senior Division, Nashik, in Special Civil Suit No. 360 of 2013, thereby allowing application filed at Exh.53 by respondent No. 2 and directing the petitioners-plaintiffs to pay deficit Stamp on the Memorandum of Understanding executed on 24th January, 2011, on the basis of which the suit for specific performance of the said agreement is filed.

5. The submission of learned counsel for the petitioners is that perusal of the said Memorandum of Understanding (for short referred to as, “MOU”) makes it clear that, on the basis of the same or in pursuance of the same neither the entire consideration amount was paid nor the possession of the suit property was delivered. Conversely, the averments in the said MOU are clear that the agreement to sale was to be executed subsequently and thereafter sale deed was to be exec