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2023 Supreme(Chh) 451

GOUTAM BHADURI, SANJAY S. AGRAWAL
K. P. Singh S/o Late Khilawan Singh – Appellant
Versus
Gourisha Mishra W/o Chandrakant Mishra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ravindra Sharma, Akash Agrawal.
For the Respondent: Avinash Chand Sahu.

JUDGMENT :

GOUTAM BHADURI, J.

1. Both the appeals are being heard together, as the parties to the agreement, which led filing the suit for specific performance are same except the subject matter of property. The appellant/plaintiff filed two civil suits for specific performance of sale of immovable property.

2. FA No. 78 of 2020 arises out of judgment and decree dated 15-1-2020 passed by the Fourth Additional District Judge, Durg, in Civil Suit No. 77-A/2014 whereby the suit for specific performance of agreement was dismissed.

3. FA No. 80 of 2020 arises out of judgment and decree dated 15-1-2020 passed by the Fourth Additional District Judge, Durg, in Civil Suit No. 57-A/2015 whereby the suit for specific performance of agreement was dismissed.

The plaintiff is before this Court in both the appeals against such dismissal.

4. The brief resume of the facts necessary for our purpose are that:

    (a) FA No. 78 of 2020 (Civil Suit No. 77-A/2014): As per plaint averments a house situated over the land bearing khasra No. 419/14 admeasuring 2200 sq. ft. plot No. B2 situated at Risali, PH No. 22, RI Circle Durg, agreed to be sold in favour of the plaintiff for a sale consideration of Rs. 40.00 lacs.

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