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2021 Supreme(Raj) 1141

DEVENDRA KACHHAWAHA
Usman Gani – Appellant
Versus
Mukand Singh – Respondent


Advocates Appeared:
For the Appellant :S.L. Jain and Abhinav Jain, Advocates
For the Respondents:G.R. Goyal, Advocate

JUDGMENT :

Devendra Kachhawaha, J.

1. The instant second appeal under Section 100 of the Code of Civil Procedure has been filed by the appellants, who were defendants in the suit, against the judgment and order dated 04.02.2010 passed by the Additional District Judge, Anoopgarh, District Sriganganagar in Civil Appeal No. 09/2005 titled as "Usman Ghani & Ors. vs. Mukand Singh" by which, the appeal of the defendants-appellants has been dismissed and the judgment and decree dated 18.03.2006 passed by the Civil Judge (Senior Division), Anoopgarh in Civil Suit No. 11/1999 titled as "Mukand Singh vs. Usman Ghani & Ors." by which, the learned Trial Court has decreed the suit for specific performance of the contract dated 14.08.1975 in favour of the plaintiff - Mukand Singh, has been affirmed.

2. During the pendency of the said appeal, the instant application under Order 22 Rule 9 of the Code of Civil Procedure was filed by the respondents on 25.09.2019 with the prayer that the application filed by the respondent/plaintiff u/Order 22 Rule 9 CPC may kindly be allowed and the whole appeal may kindly be abated in view of this fact that the appeal against appellant No. 2 Yahiya Khan has already b

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