JUDGMENT :

1. The original plaintiff/decree-holder has impugned the order of the learned District Judge-2 Dhule in Civil Appeal No. 57 of 2008 dated 16.10.2009.

2. The plaintiff had filed a suit for specific performance of the contract against the deceased vendor, Vasantrao Jawadkar. The trial Court denied the specific performance but granted the alternate relief of refund of earnest money. The plaintiff had preferred the appeal. The appeal was allowed, and the specific performance of the contract was granted. The Hon'ble Supreme Court confirmed the decree for specific performance.

3. During the pendency of the suit, the vendor, the original defendant, sold the suit premises to Rajaram Kadu Patil and Dharmraj R Patil on 27.11.1978. They inducted the tenants in the suit premises. The above vendors sold the suit premises to Nagraj Borse and his sons Ashok and Arjun in 1986 and 1988. Borse's family again sold the suit premises to Chandrakant Kele and Rajesh Khankari. On 30.11.1996, they transferred the suit premises to Kamalabai C Ajmera and Ashish R Ajmera. Kamlabai Ajmera and Ashish Ajmera gifted the suit premises to respondent No. 10 Smita Ajmera in 2003.

4. The plaintiffs had filed a