- (1.) Petitioner filed this recalling application with a prayer that order passed on 18th March, 2015 be recalled and the petitioners be allowed to pay Rs. 1 crore against the land in question. Learned Counsel submits that although on earlier occasions they were not agreeable to pay Rs. 1 crore, but today they have instructions to submit that the petitioners are willing to pay the aforementioned amount to purchase the land. Mr. Singh, learned Counsel appearing for Opposite Party No. 4 submitted that pursuant to the previous order his clients brought four demand drafts of Rs. 25 lakhs each to pay the Shebaits as sale price of land in question. Mr. Singh further submitted that petitioners were given opportunity to pay the aforementioned amount but they were not agreeable. Therefore, this Court accepted the offer made his client. Mr. Singh submitted that pursuant to previous direction his clients prepared four demand drafts and today he has come with those drafts drawn in favour of the deity. Mr. Singh also submitted that the petitioners/applicants got ample opportunity on two previous occasions to make an offer but they were not agreeable, therefore, this Court passed the order on 18th March, 2015. Mr. Singh submits that the application be rejected and his clients be directed to handover demand drafts to the shebaits and appropriate direction be given for preparation of the deed and its execution for selling the property in his clients favour. Considered the submissions made by the learned Counsel appearing for the parties. It is true that the petitioners were given at least two opportunities to offer the aforementioned amount fixed by the Court but they were not agreeable. Since the petitioners were not agreeable, this Court gave an opportunity to Mr. Singh's clients being O.P. No. 4 and Mr. Singh's client was agreeable to pay Rs. 1 crore as sale price of the land in question. Pursuant to the order passed from 18th March, 2015, opposite Parties prepared four demand drafts of Rs. 25 lakhs each and they have prepared the drafts in favour of the deity and brought it before this Court today. The trusties are agreeable to sale the property to O.P. No. 4 and they are also agreeable to the price fixed by this Court. However, the entire matter was finalized by this Court on 18th March, 2015. There is no scope for reopening the matter, therefore, recalling application being CAN No. 3270 of 2015 is of no merit and as such rejected. Re: C.O. 2374 of 2014
(2.) Since Opposite Party No. 4 brought four pay orders for a total amount of Rs. 1 crore, the Shebaits are directed to execute sale deed in favour of Mr. Singh's client by 20th April, 2015. Four drafts are kept in Court's custody till execution of the deed, after execution and registration of sale deed the trusties would be handedover the drafts. The trusties would be entitled to get the drafts encashed. Four drafts be kept in a sealed cover in the custody of this Court.
(3.) The draft deed or deeds would be submitted before the Eighth Additional. Sessions Judge within one week from date. The Shebaits are directed to cooperate and handover required documents for preparing draft deed/deeds to Mr. Singh's client.;