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2023 Supreme(Chh) 36

GOUTAM BHADURI, N. K. CHANDRAVANSHI
Pawan Goyal S/o Late Mangi Lal Goyal – Appellant
Versus
Vikas Goswami S/o Late Mangal Puri Goswami – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A.K. Prasad, Advocate
For the Respondent:Mr. Abhishek Singh, Advocate on behalf of Mr. KPS Gandhi, Advocate, Mr. Badruddin Khan, Advocate, Mr. Neeraj Pradhan, Panel Lawyer

JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. At the very outset, learned counsel for the appellants would submit that the appellant do not want to press I.A.No.03 of 2023 i.e. application under Order 41 Rule 27 CPC.

2. No objection from other side.

3. Accordingly, the application (I.A.No.3 of 2023) is dismissed as not pressed.

4. The present appeal is by the plaintiffs against the judgment and decree passed by the First Additional District Judge, Bilaspur in Civil Suit No. 05-A/2013 wherein a suit for specific performance was dismissed.

5. According to the plaint allegation, the plaintiffs had entered into an agreement of purchase on 20.12.2010 (Ex. P-1) in respect of the part of the land of Khasra No.874/2 and out of that 0.42 acres was agreed to be purchased. As per the plaintiffs, the part of the said land which was subject of sale was acquired by the defendant Nos.1 to 7 i.e. Vikas Goswami (Defendant No.1), Smt. Durga Goswami (Defendant No.2), Minor Ritu (aged about 17 years) (Defendant No.3), Minor Neha (aged about 15 years) (Defendant No.4) {both defendant Nos. 3 & 4 represented by their natural guardian mother Smt. Durga Goswami}, Smt. Urmila (Defendant No.5), Smt. Pramila (Defendant No

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