- (1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 7.10.2014 [Annexure P/4] whereby application under Section 28 of the Specific Relief Act, 1963 [for short, "the Act"] for rescission of agreement dated 10.03.2005 was accepted and agreement stood rescinded.
(2.) Relevant facts of the case; that an agreement of sale of suit land dated 10.03.2005 was executed and Civil Suit No. 139 dated 25.5.2006 for specific performance of agreement of sale was filed and the same was decided on 28.02.2013. At the time of passing of judgment and decree, the Court of first instance directed the defendants to get the sale deed executed. The relevant part of the decree [Annexure P/2] is extracted below :- "... is decreed with costs and the defendants are directed to get the sale deed executed and registered of the suit land after getting the same free from all encumbrances and after receiving the balance sale consideration amount in favour of the plaintiff within a period of two months from the date of passing of the said judgment failing which the plaintiff would be entitled to get the sale deed executed through the Court. Decree sheet be prepared and file be consigned to the record room."
(3.) Thereafter, first appeal was filed on 4.4.2013 and the same was pending at the time of filing of present petition, though the same is now reported to have been dismissed being infructuous after passing of the impugned order.;