JUDGMENT

Mangesh S. Patil, J. - Heard both the sides.

2. The appeals arise from the following set of facts :

(a) The appellant in Second appeals No. 832/2012 and 833/2012 is the original plaintiff whereas the respondent Prakash in Second appeal No. 832/2012 and respondent No. 1 in Second appeal No. 833/2012 is the defendant.

(b) The appellant averred that the respondent had agreed to sell the suit property by receiving Rs. 75,000/- towards earnest and executed an agreement of sale on 13.12.2000. It was agreed that the sale-deed was to be executed till 30.03.2001. He having refused to execute the sale-deed she filed the suit for specific performance.

(c) The respondent contested the suit and denied to have executed any agreement of sale and even about having received any earnest money.

(d) The Trial Court refused specific performance but granted the relief of refund of the earnest money and directed it to be refunded with interest at the rate of 18% per annum.

(e) Being aggrieved, both the sides that is the appellant to the extent of refusal of specific performance filed Regular Civil appeal No. 323/2006 and the respondent to the extent aggrieved by the rate of interest awarded by the tria