S.N.Srivastava - (1.) -Plaintiffs-petitioners by way of this writ petition challenged the order dated 14.5.1993, Annexure-4 to the writ petition by which Misc. Civil Appeal No. 45 of 1993 was allowed and temporary injunction granted by the trial court was set aside. Application for temporary injunction 7C was rejected.
(2.) THE land in dispute is Plot Nos. 257, 270, 271 and 272 situate in village Khanpur, Pargana Najibabad, district Bijnor. Madan Gopal, Krishna Gopal and Hari Gopal were original tenure holders. They executed three registered agreements in favour of the plaintiffs, one on 25.2.1987 by Hari Gopal and two agreements dated 24.2.1987 by Madan Gopal and Krishna Gopal. It was alleged that plaintiffs did not execute sale deed hence, a notice was sent to Madan Gopal, Hari Gopal and Krishna Gopal for getting execution of the sale deed on payment of remaining amount. Suit Nos. 203 of 1991, 204 of 1991 and 205 of 1991 for specific performance filed by petitioners were decreed on 11.9.1991 with the condition that the plaintiffs were to deposit remaining amount within a period of 15 days from the date of decree and if plaintiffs did not deposit money within 15 days, they shall not be entitled to get execution of sale.
(3.) IT is admitted that money was not deposited by plaintiffs in the Court either within 15 days from the date of decree or upto now. Thus, right of petitioners came to an end on expiry of fifteen days from 11.9.1991. Madan Gopal, Hari Gopal and Krishna Gopal thereafter executed registered sale deed in favour of Narpal Singh and Munni Devi through sale deed dated 24.2.1992 for consideration of Rs. 1,47,000 and the opposite party Nos. 1 and 2 executed registered sale deed in favour of respondent Nos. 4, 5 and 6 through registered sale deed dated 2.5.1997.;