1. The decree-holders/petitioners are aggrieved by order dated 11 -9-2002 passed by Subordinate Judge, III, Patna City in Miscellaneous Case No. 21 of 2000 arising out of Title Execution Case No. 2 of 2000 whereby the decree for specific performance of contract passed in Title Suit No. 113 of 1995 has been rescinded in exercise of power under Sec. 28 of the Specific Relief Act, 1963 (hereinafter referred to as the Act).

2. The factual matrix necessary for disposal of the controversy between the parties is that the plaintiffs/petitioners Hied the aforesaid Title Suit for specific performance of contract on the basis of agreement entered into between the parties for sale of immovable properties as described in Sched-ule-I of the plaint. The said suit was decreed on 20-12-1999 and the decree was signed on 6-1-2000. The Trial Court directed the defendants/opposite parties to execute the sale deed with regard to property described in Schedule-I of the plaint in favour of the decree-holders/petitioners on receipt of balance consideration money of Rs. 1,18,251.00 within one month from the date of judgment i.e. by 19-1-2000 failing which the decree-holders/petitioners will be entit