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2023 Supreme(Chh) 291

RAKESH MOHAN PANDEY
Pramod Parakh S/o Late Ranu Lal Parakh – Appellant
Versus
Abhimaniyu Dewangan S/o Late Madhusudan Dewangan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rajeev Shrivastava, Senior Advocate with Ms. Anu
Mishra, Advocate.
For the Respondent:Mr. Goutam Khetrapal, Advocate.

ORDER :

1. The petitioner has challenged the order passed by the learned Executing Court i.e. 3rd Additional Motor Accidents Claims Tribunal, Bastar, Jagdalpur whereby the execution proceeding has been closed vide order dated 18.04.2018 holding that the decree of the specific performance of the contract concerning sale deed has been executed however possession of the suit property cannot be handed over as no such relief was claimed by the petitioner herein.

2. Facts of the present case are that the petitioner filed a civil suit No.6A/1995 for specific performance of the contract based on an agreement to sell entered into between the petitioner and Madhusudan Dewangan (deceased) on 03.01.1992 pertaining to land plot survey No.92 plot No. 165 admeasuring 2232 s.f. situated at Kevaramunda, Jagdalpur. The suit was decreed vide judgment and decree dated 04.05.1999 thereafter F.A. No. 425/1999 was preferred before the High Court of Chhattisgarh and same was dismissed on 21.06.2013 and thereafter SLP was preferred before the Hon’ble Supreme Court which was also dismissed vide order dated 21.02.2014. The plaintiff moved an application for execution of the decree before the learned executing

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