JUDGMENT

1. Heard finally with consent at admission stage.

2. Respondent no.1 has instituted a Special Civil Suit No.172 of 2006 for specific performance of contract and a decree of perpetual injunction or in the alternate for partition and separate possession in respect of the suit property eat no.385 situated at Chikalthana, Tq. and District Aurangabad to the extent of 2 acres of 32 gunthas. As per the pleadings the defendant no.1 on behalf of defendant nos.2 to 6 entered into an agreement of sale in respect of the suit land by executing the agreement of sale. By order dated 20.11.2010 the trial court has dismissed the said special civil suit no.172 of 2006 in default. Respondent no.1/original plaintiff have filed various applications including the application bearing MCA No.122 of 2012 for restoration, however, the trial court has dismissed all the applications. Being aggrieved by the same, respondent no.1 has preferred writ petition no.6554 of 2015. By order dated 20.7.2018 this Court has partly allowed the petition and restored the Special Civil Suit No.172 of 2006 on the file of the learned Civil Judge S.D. Aurangabad on certain conditions including the condition of expeditiou