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2022 Supreme(Raj) 872

SUDESH BANSAL
Raj Kumar Atri S/o Shri Pyare Lal Atri – Appellant
Versus
Raghuveer Singh S/o Shri Pyare Lal Atri – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Abhinav Sharma
For the Respondent:Mr. Rajendra Prasad, Sr. Advocate assisted by Mr. Gautam Bhadadra

ORDER :

1. By way of these two revision petitions, preferred under Section 115 of Code of Civil Procedure, petitioners have challenged the impugned Orders dated 25.08.2022, passed in Civil Misc. Applications No.18/2022 & 17/2022 by the Court of Additional District Judge No.1, Bundi (Rajasthan), dismissing their two separate applications filed under Order 21 Rule 90 CPC. Since the points involved in both revision petitions are substantially similar and petitioners & respondents No.1 are same parties, therefore, with consent of counsel for both parties, both petitions have been heard together and would stand decided by this common Order. Respondent No.1-plaintiff-decree holder has put in appearance as caveator.

2. Heard learned counsel for both parties, perused the impugned orders and material placed before this Court.

3. The relevant facts for deciding these petitions, in nut shell, are that respondent No.1-plaintiff instituted two separate civil suits for specific performance of two agreements dated 30.8.1991 against other respondents No.2 & 3. Both agreements were executed solely in favour of respondent No.1-plaintiff. In civil suit No.23/2000, plaintiff averred in para Nos. 2, 5 & 6

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