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2021 Supreme(Raj) 1140

PUSHPENDRA SINGH BHATI
Prakash – Appellant
Versus
Raj Kumar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Deelip Kawadia.
For the Respondents: Mr. Muktesh Maheshwari a/w Mr. Aidan Choudhary.

JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

2. The petitioners have preferred this writ petition claiming the following relief:—

    “It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and the order impugned dated 10.01.2020 (Annex.9) passed by the learned Additional District Judge No. 3, Udaipur in Civil Case No. 74/2018 may kindly be quashed and set aside and the application filed by the present petitioners under Order 1 Rule 10 CPC read with Section 151 CPC may kindly be allowed.”

3. The respondent no. 1 Raj Kumar Chanchawat preferred a suit for specific performance of the contract against the defendants Ram Niranjan (respondent no. 5) and others. The said suit was decreed vide judgment and decree dated 17.12.2016 in favour of respondent no. 1 - Raj Kumar Chanchawat and in pursuance of the decree dated 17.12.2016, sale deed was executed in favour of the Raj Kumar Chanchawat on 13.09.2017. Raj Kumar respondent No. 1 in lieu sold the property to the present petitioners vide registered sale deed dated 25.10.2017 which was registered on 26.10.2017.

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