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2023 Supreme(SC) 1194

VIKRAM NATH, RAJESH BINDAL
Eldeco Housing and Industries Limited – Appellant
Versus
Ashok Vidyarthi – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Shyam Divan, Sr. Adv. Ms. Kanika Agnihotri, Adv. Ms. Niharika Ahluwalia, AOR
For the Respondent(s): Ms. Kumud Lata Das, AOR Mr. Harsh Ajay Singh, Adv. Ms. Pooja Rathore, Adv.

JUDGMENT :

RAJESH BINDAL, J.

1. Leave granted.

2. Aggrieved against the order1[Order dated 27.09.2021] passed by the High Court2[High Court of Judicature at Allahabad] in Review Application3[Review Application No. 192 of 2021] in Civil Revision4[Civil Revision No. 28 of 2020], the plaintiff is in appeal before this Court. Vide aforesaid order, the application filed by respondent No. 1- defendant before the Trial Court5[Civil Judge (Senior Division), Kanpur Nagar] under Order VII Rule 11(d) C.P.C. was allowed and the suit filed by the appellant was dismissed.

3. Briefly stating, the facts available on record are that a Memorandum of Understanding6[Hereinafter referred to as ‘MoU’] was entered into between the appellant and respondent No. 1 on 31.08.1998, regarding sale of the property in question. It was specifically mentioned in the MoU that there is a litigation pending between the family members of the respondent No. 1. The sale deed will be got registered immediately after the litigation is over and the right of the vendor is determined. The respondent No. 1 shall inform the appellant when the rights of the parties are finalised. As the appellant came to know that the respondent No.

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