Jagdish Chandra Gupta, J. - (1.) BY means of this revision the applicant -judgment debtor has challenged the order of the executing court dated 9.8.98. When this revision came up for admission, learned counsel for the Caveator -respondents made a statement before the Court that he was not interested in filing any counter -affidavit and this petition be disposed of finally on the material placed before this Court.
(2.) IT appears that the respondents filed Suit No. 432 of 1990 for specific performance of agreement of sale dated 20.9.85 which was executed by the applicant in revision in their favour for a consideration of Rs. 6,20,000/ -. Out of this a sum of Rs. 1,20,000/ - had already been paid by them to the applicant in revision on two different dates. The suit after context was decreed by the trial court by the judgment dated 29.5.92 and the revisionist was directed to execute the sale deed in favour of plaintiff -respondent within one month after receiving the balance of consideration amounting to Rs. 5 lacs from the plaintiffs, failing which the plaintiffs were held entitled to get the sale deed executed through court. The applicant in revision preferred First Appeal No. 528 of 1992 in this Court. While admitting the appeal Hon'ble G.D. Dube who presided over the Bench passed an interim order while the other Judge Hon'ble G.S.N. Tripathi was of the view that the appeal was liable to be dismissed under Order 41, Rule 11, C.P.C. The interim order was in the following terms: - - The execution of the lower Court's decree shall remain stayed, provided the appellant deposits all the amount received by her from the respondents and Shahab Uddin with interest calculated at the rate of fifteen per cent per annum from the date of such receipt till the date of deposit of the amount in the court and also the costs awarded by the Court within two months from the date of this order. On deposits, the trial court shall invest the amount deposited (including costs) in fixed deposits on yearly basis in State Bank of India of the district in the name of the court. The amount so deposited will continue to be reinvested with principal and interest after expiry of the term of deposit. The amount so available at the time of decision of the appeal will be adjusted towards the price to be paid by the respondents as consideration in case the appeal fails. In case the appeal succeeds, the appellant shall get the amount payable towards costs and the respondents shall be able to withdraw the amount of advance paid by the respondents alongwith the interest. The trial court shall get two term deposits prepared; one for the costs and the other for the earnest money.
(3.) ON account of difference of opinion a piquant situation arose and the matter was referred to a third Judge, namely, Hon'ble B.P. Singh, J., who passed the following order on 14.9.1992: - - Heard. Order reserved. The execution of the lower court decree shall remain stayed till the order is pronounced in this case and all the conditions laid by the judgment of Hon'ble G.D. Dubey, J., shall remain operative till then.;