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1998 Supreme(SC) 498

K.VENKATASWAMI, A.S.ANAND
Chetak Construction – Appellant
Versus
Om Prakash – Respondent


Judgment

Dr. Anand, J.-Special leave granted.

2. This judgment will dispose of the appeal arising out of S.L.P. (C) No. 13190 of 1997 and an ‘order’ made by a learned single Judge (Mr. Justice R.D. Vyas) of the High Court of Madhya Pradesh (Indore Bench) in Miscellaneous Appeal 143 of 1994 directing the appeal to “be re­ferred to” this Court for deciding it “finally” since both matters arise out of the same order.

3. Notice of some salient facts is necessary for disposal of the matter before us.

4. Dispute between the parties relates to land bearing No. 8/1 and 8/2, M.G. Road, Indore. According to the appellant, the suit land belongs to various members of a Hindu Undivided Family, who had en­tered into an agreement with it to sell that land. An agreement con­taining various stipulations is stated to have been executed between the parties. According to the appellant, it had paid certain amounts, out of the total sale price and had got registered a sale deed execut­ed for 13 out of 28 portions of the suit land, the execution of sale deeds, in respect of remaining portions of the suit land, however, remained pending. According to the appellant, there was interference, by the res­ponde













































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