JUDGMENT :

SANDEEP SHAH, J.

1. By way of filing the present Civil Miscellaneous Appeal under Order XLIII Rule 1(f) CPC, 1908, the appellants–plaintiffs have challenged the order dated 03.09.2008 passed by the learned Additional District Judge, Bhadra in Civil Suit No. 08/2003 (Om Prakash & Ors. v. Balwant & Ors.), whereby the application filed by the respondents/defendants under Order XI Rule 21(1) CPC was allowed and the suit was dismissed on the ground of alleged non-compliance, of the order dated 23.03.2006 passed by learned Trial Court, by the appellants.

Factual Matrix:-

2. Succinctly stated, the facts are that the appellants–plaintiffs filed a suit alleging therein that the lands, particulars whereof are in paragraphs no.1 and 2 of the plaint, were owned by respondent Nos.1 and 2, who had agreed to sell the same to the appellants for a total consideration of Rs.6,30,000/-. Pursuant to the verbal agreement, a written agreement dated 09.04.2001 was executed, and the appellants–plaintiffs paid a sum of Rs.5,57,000/- by different cheques, with a specific understanding that the balance amount of Rs.73,000/- would be paid at the time of registration of sale deed. The period for executi