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2024 Supreme(Raj) 495

NUPUR BHATI
Rugha Ram S/o Gunesh Ram – Appellant
Versus
Bhanwara Ram alias Bhanwar Lal S/o Roopa Ram – Respondent


Advocates Appeared:
For the Petitioner: Manish Patel.
For the Respondent: Muktesh Maheshwari.

JUDGMENT :

NUPUR BHATI, J.

1. Though the matter is listed in the fresh category however, on joint request of the counsel for the parties, the matter is being heard today itself.

2. This writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayers:

    “(i) by an appropriate writ, order or direction; an order dated 01.03.2024 (Annex.-5) may kindly be quashed and set aside.

(ii) by an appropriate writ, order or direction; an application (Annex.-3) of the Petitioner under Order 32 Rule 4, 5, 15 and read with Sec. 151 of CPC may kindly be Allowed.

(iii) Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

3. Brief facts of the case are that the performa respondent No. 4-plaintiff preferred a suit for Specific performance of contract, cancellation of gift deed and for Perpetual Injunction against the Respondent-defendants on the ground that respondent No. 1 possessed an agricultural land at khasra No. 121 admeasuring 14 bigha 1 biswa, Khasra No. 121 /1 admeasuring 3 bigha 12 biswa, khasra No. 122 admeasuring 17 bigha

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