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2020 Supreme(Chh) 368

SANJAY K.AGRAWAL
Asharam (dead) – Appellant
Versus
Budha – Respondent


Advocates Appeared:
Ashok Kumar Shukla, Advocate, Meena Shastri, Advocate, Ravi Kumar Bhagat, Advocate

JUDGMENT

Sanjay K. Agrawal, J. - Proceedings of this matter were taken-up for final hearing through video conferencing.

    2. This second appeal preferred by the plaintiff has been admitted for final hearing on the following substantial questions of law: -

      "(1) Whether the judgment and compromise decree dated 29/07/1983 (Ex. D/1) passed in Civil Suit No. 49-A/ 1982 between Ranglal (the predecessor) in interest of defendant No.1(a) to 1(d) and Bheekham (Appellant/ defendant''s vendor), is binding on the plaintiff?

        (2) Whether the said Bheekham, having executed sale-deed in favour of appellant/plaintiff in relation to the suit land on 15/05/1972 was competent to enter into a compromise with Ranglal admitting the title of Ranglal and agreeing for allotment of the suit land in the share of Ranglal?"

        3. Additional substantial question of law was formulated on 28-2-2020 which reads as under: -

          "Whether both the Courts below are justified in dismissing the suit by holding that the plaintiff is not entitled for permanent injunction?"

            [For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the plaint before the trial Court.]

            4. The respo

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