3.According to the petitioner/defendant, in the above said suit, the plaintiff filed the said suit stating that he executed the sale agreement, dated 24.12.2009, and the petitioner/defendant failed to act as per terms of the sale agreement and hence, the plaintiff filed the said suit seeking relief of specific performance of the sale agreement dated 24.12.2009. The petitioner has filed the written statement denying the said allegation that he executed the sale agreement as alleged in the plaint and he specifically stated that the said agreement was executed only for the purpose of security of loan transaction. The learned trial Judge after considering the evidence adduced on the side of the petitioner and the respondents, decreed the suit. Hence, the petitioner filed the Appeal Suit in A.S.(MD).SR.No.3732 of 2016 before this Court and thereafter, there was a compromise was agreed upon between the petitioner and the respondent and the respondent agreed to receive the amount and therefore, he did not proceed the above appeal further. But, subsequently, plaintiff was not inclined to receive the amount and hence, he re-presented the appeal papers with a delay of 3208 days.
