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2024 Supreme(SC) 725

J. B. PARDIWALA, MANOJ MISRA
Ishwar (Since Deceased) Thr. Lrs – Appellant
Versus
Bhim Singh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Subhasish Bhowmick, AOR
For the Respondent(s): Mr. Sanchar Anand, Adv. Mr. Devendra Singh, AOR

Judgement Key Points

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JUDGMENT

MANOJ MISRA, J.

1. Leave granted.

2. This appeal impugns an order of the High Court of Punjab and Haryana at Chandigarh1 [High Court] dated 11.01.2017 passed in Civil Revision No.8105 of 2016, whereby the revision preferred by the appellant(s) against the order of the Civil Judge (Senior Division), Kaithal2 [Execution Court] dated 03.11.2016 was dismissed.

FACTUAL MATRIX

3. A suit for specific performance was instituted by the respondents against the appellant(s) (which would include their predecessor in interest) for enforcement of an agreement to sell dated 18.05.2005. In the plaint, inter alia, it was alleged that the appellant(s) had agreed to sell the property in dispute at a total consideration of Rs.18 lacs, out of which Rs.9.77 lacs was paid in advance, yet, despite service of notice requesting execution of sale deed, the appellants failed to execute the same.

4. The trial court (i.e., the Court of Additional Civil Judge (Senior Division), Kaithal), vide judgment and decree dated 28.02.2011, decreed the suit in part whereunder the appellant(s) were directed to refund the earnest money with interest, etc.

5. Aggrieved by rejection of the prayer for specific performance of


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