1. The present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the petitioner herein – original decree holder – original plaintiff to quash and set aside the impugned judgement and order dated 25/06/2001 passed by learned 7th Joint Civil Judge (S.D.), Vadodara (Executing Court) below Exh.1 in Special Execution Petition No.97 of 1977 and consequently to direct the respondents, their agents and servants to execute the sale deed in favour of the petitioner of the suit bungalow along with open land admeasuring 5550 sq.yards as mentioned in the plaint as well as in this Civil Revision Application.
It is also prayed to quash and set aside the objection application filed by the respondents herein at Exh.22 in Special Execution Petition No.97 of 1977.
2. Having heard learned advocates appearing on behalf of the respective parties and considering the original Agreement to sell executed by original defendants of which specific performance was sought, by which, original defendants – original judgement debtors agreed to sell the property bearing Tika No.8/2 of Survey No.1, Plot No.3 admeasuring 5,550 sq.fts., as per description mentioned in the Agreement to sell dated 21/01/1969. It is not in dispute that judgement and decree passed by learned Trial Court passing decree of specific performance of the Agreement to sell dated 21/01/1969 has been confirmed upto Hon'ble Supreme Court in favour of the petitioner herein. Under the circumstances, the respondents herein – original defendants are bound to execute sale deed with description as mentioned in Agreement to sell dated 21/01/1969.
3. Learned advocates appearing on behalf of the respective parties more particularly Mr.Neeraj Soni, learned advocate appearing on behalf of the original judgement debtor have stated at the bar that they have no objection if sale deed is executed pursuant to the judgement and decree passed by learned Trial Court confirmed upto Hon'ble Supreme Court with respect to the suit property with description as mentioned in the Agreement to sell dated 21/01/1969. Therefore, it is requested to dispose of the present Civil Revision Application accordingly.
4. In view of the above, the present Civil Revision Application is disposed of by directing the respondents herein – original judgement debtors to execute sale deed in favour of the petitioner herein – original judgement creditor with respect to the suit property as mentioned in the Agreement to sell dated 21/01/1969 and the description of the property shall be mentioned as per Agreement to sell dated 21/01/1969. The aforesaid exercise shall be completed by the respondents herein within a period of three months from today as Agreement to sell is of the year 1969 and judgement and decree passed by the learned Trial Court is dated 01/07/1977. Rule is made absolute to the aforesaid extent. No costs.
[M.R.SHAH,J] *dipti