GOKULDAS RAMA GAUDE Vs. V.G. QUENIM

JUDGEMENT

(1.) THIS is defendants' appeal filed against the judgment/decree dated 29.12.2003 of the learned Civil Judge, Senior Division, at Bicholim decreeing the suit of the plaintiff for specific performance of agreement dated 5.7.1996 for sale of the property surveyed under No. 50/1 of 'Sonus Vonvoliem' alongwith houses existing therein bearing V. P. House Nos. 61/ 1, 61/2, and 61/3 alongwith their appurtenances.

(2.) THE parties hereto shall be referred to in the names as they appear in the cause title of the said civil suit.

(3.) THERE was a suit filed by the plaintiff against the defendant No. 1, being R.C.S. No. 20/1995 before the Court of Civil Judge S. D. at Sattari. The said suit was amicably settled as per the consent decree dated 30.7.1996 and as per the said consent decree the plaintiff agreed to purchase from the said defendants and his other family members the said properties having Survey Nos. 40/1, 41 /3, 48/1 and 50/1 of the said village 'Sonus Vonvoliem' as per agreement dated 5.7.1996 and it was also agreed that the said defendant would not obstruct the plaintiff from carrying out mining activities in the said property surveyed under Nos. 40/1, 41/3 and 48/1 and the defendants undertook to deliver vacant possession of the property surveyed under No. 50/1 on or before 12.12.1998.