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2007 Supreme(Raj) 2206

PRAKASH TATIA
Mahesh Parihar – Appellant
Versus
Raja Ram – Respondent


Advocates:
For the Petitioners:M.R. Singhvi, Advocate.
For the Respondents:T. Gupta, Advocate.

JUDGMENT

1. - Learned counsel for the respondent submitted an application for early hearing of the writ petition.

2. However, at the request of learned counsel for the parties, the writ petition itself has been heard today itself.

3. The plaintiffs-petitioners filed one Civil Original Suit No. 102/1995 for specific performance of contract dated 20.8.1976 on the ground that defendants agreed to sell property involved in the suit to the plaintiffs for a consideration of Rs. 48,000/- and handed over possession of the suit property to the plaintiffs. The defendants did not execute the sale deed, therefore, plaintiffs filed the suit for specific performance of contract. The suit was decreed by the learned Addl. Civil Judge (Sr. Div.) No. 2, Jodhpur vide judgment and decree dated 5.10.1999. No appeal against the said judgment ana decree dated 5.10.1999 was filed till 2001 and an execution petition No. 4/2001 was submitted by the decree holders in the trial Court. In the trial Court the counsel for judgment-debtors appeared and even on 25.5.2003 informed the Court that judgment-debtors themselves will execute the sale deed in favour of the decree holders, but that was not done for a long pe










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