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2022 Supreme(Raj) 300

PRAKASH GUPTA
Vaidik Shivdutt Joshi (Yagiq) @ Shivdutt Joshi S/o Shri Nathulal Ji – Appellant
Versus
Shakuntala Devi W/o Late Shri Hanuman Prasad Agarwal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manish K. Sharma.
For the Respondent: Parag Rastogi.

JUDGMENT :

PRAKASH GUPTA, J.

1. S.B. Civil Revision Petition No. 218/2019 has been filed by the petitioners-defendants judgment debtors (for short ‘the defendants-judgment debtors’) against the order dated 29.8.2019, whereby the objections filed by the defendants-judgment debtors under Section 47 read with 151 CPC have been rejected by the Executing Court. S.B. Civil Revision Petition No. 270/2019 has also been filed by the defendants-judgment debtors against the order dated 29.8.2019, whereby the application filed by the respondents-plaintiffs-decree holders (for short ‘the plaintiffs-decree holders’) under Section 148 of CPC read with Section 28 of the Specific Performance Act was allowed by the Executing Court.

2. Facts of the case are that Vaidik Shiv Dutt Joshi entered into an agreement on 2.3.1988 with Shakuntala Devi to sell a house (Municipal No. 4136 to 4139 southern side), Chowkdi Purani Basti, Langar Ke Balaji, Jaipur in a sale consideration of Rs. 5,30,000/-. In this regard, Rs. 31,000/- in cash were paid on 2.3.1988 by the plaintiffs-decree holders and a cheque of Rs. 50,000/- of Corporation Bank was given by the plaintiffs-decree holders to the defendants/judgment debtor

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