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2012 Supreme(Raj) 956

GOPAL KRISHAN VYAS
Deepak Soni – Appellant
Versus
Kodar Mal – Respondent


Advocates Appeared
Sandeep Shah, for Petitioners;
B.S. Sandhu/Khet Singh, for Respondents

Hon'ble VYAS, J.— In all the above writ petitions, common question is involved, therefore, all these writ petitions are decided by this common order. For the purpose of taking into consideration the facts of the case, the Court is considering facts from S.B. Civil Writ Petition No. 841 /2009.

2. In all these writ petitions, the petitioners are challenging the validity of order dated 5.11.2008 passed by Addl. District Judge (Fast Track) No. 2, Udaipur in Civil Original Cases No. 21/2007, 22/07, 23/07, 24/07, 28/07, 29/07, 31/07 and prayed that the said order may be quashed and it may be declared that the document agreement dated 3.12.2004 is sufficiently stamped.

3. As per facts of the case, the petitioners filed suit for specific performance and injunction against the respondents narrating therein that a plot situated at 335, Eklavya Colony was of the ownership of respondent No. 1 and the same was agreed to be sold to the petitioner at the rate of Rs. 65/- per Sq. ft.and, for that purpose, agreement dated 3.12.2004 was executed by respondent No. 1 in favour of the petitioner. By the said agreement, in all 10 plots were sold by respondent No. 1 and Rs. 70,000/- were paid on the same d





















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