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2023 Supreme(Raj) 1130

NUPUR BHATI
Lrs Of Ramji Lal, S/o Sh. Kurda Ram – Appellant
Versus
Narendra Kumar S/o Sh. Jugal Kishore – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.S. Sandhu with Mr. Dishant Kiroriwal
For the Respondent: Mr. C.S. Kotwani

JUDGMENT :

1. The instant writ petition has been preferred by the petitioner under Article 226 and 227 of the Constitution of India with the following prayers:-

    “i. The impugned order dated 16.07.2019 passed by Additional District Judge Srikaranpur District Sriganganagar in Execution case no. 27/2018 (Narendra Kumar V/s Ramji Lal & Ors.) may kindly be declared illegal and be set aside.

ii. That the application filed by the deceased Ramji Lal under 47 C.P.C. (Annexure -4) may kindly be allowed as prayed for.

iii. Any other order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioners.

iv. Cost of the writ petition may kindly be awarded to the petitioners.”

2. Brief facts of the case are that a suit for specific performance of agreement dated 12.11.1990 was filed by respondent no.1 (Annexure-1) for the property Muraba No.35 at Chak 4-U, Aahta No.17 measuring 35 x 60 feet situated at Labour Colony, Faridsar, Tehsil Karanpur wherein the respondent no.1 prayed for execution of the sale deed. The suit for specific performance came to be decreed against the petitioner’s deceased father ie Ramjilal and the decree (Annexure-2) for specific pe

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