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2001 Supreme(Raj) 1094

ARUN MADAN
Shive Cooperative Housing Society – Appellant
Versus
Shri Chauthmal – Respondent


Advocates Appeared:
G.L. Pareek, for Appellant R.K. Agrawal, for Respondent

Honble MADAN, J.–This appeal (being directed against the impugned order dt. 19.8.1997 passed by Additional District Judge No. 1, Jaipur City in Misc. Case No. 23/89 declining grant of temporary injunction in favour of the plaintiff in his suit for specific performance of an agreement to sell), has come up before this Court for orders on the application dt. 4.12.2000 of the plaintiff appellant moved under Order 22 Rr. 4 & 9 r/w Sec. 151 CPC, which has been filed being time barred with 450 days delay from the date of expiry of the sole respondent Chauthmal who admittedly died on 23.9.1999 as per death certificate Ann.A.

(2). Facts in details are not stated as this order will dispose of only the applications of the parties. However, the facts in narrow compass are epitomised that the appellant plaintiff, a housing cooperative society is said to have entered into an agreement to buy an agricultural land of khatedar Chauthmal (respondent herein) situated in village Sukhalpura Teh. Sanganer of Khasra No. 9 measuring 20 bighas under an agreement dt. 4.12.1979 by paying a sum of Rs. 1100/- followed by another payment of Rs. 139075/- against sale consideration on 10.8.1980 with a remainder s



























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