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2023 Supreme(Gau) 88

MALASRI NANDI
Moin Uddin Laskar, S/o Late Maskandar Ali Laskar – Appellant
Versus
Md. Abdul Hakim Barbhuiya, S/o Late Abdul Latif Barbhuiya – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. S BANIK Advocate
For the Respondent: MR. A U CHOUDHURY

JUDGMENT :

Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. S. Islam, learned counsel for the respondent.

2. The petitioner/judgment debtor has filed an application under Article 227 of the Constitution of India against the order dated 21.12.2022 passed by the learned Civil Judge, Hailakandi rejecting the petition No. 365/01 arising out of Title Execution Case No. 06/2017 in connection with Title Suit No. 27/2010 wherein the decree holder was directed to file the draft sale deed by fixing the date 04.01.2023.

3. Today the revision is fixed for admission. However, after hearing both sides, the matter is taken up for final disposal.

4. The brief facts of the case is that the opposite party as plaintiff had instituted the Title Suit being No.27/2010 in the Court of Civil Judge, Hailakandi against the present petitioner for a decree of specific performance of contract with a direction to the defendant i.e. the present petitioner to execute and register a formal deed of sale in respect of the suit property by receiving balance consideration amounting to Rs.5,00,000/-from the opposite party/plaintiff and put the plaintiff in possession of the suit property.

5. The petiti

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