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2015 Supreme(Jhk) 1087

SHREE CHANDRASHEKHAR
Ram Pratap Mahto – Appellant
Versus
Lalu Ram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rohitashya Roy

Order

Aggrieved by order dated 14.02.2014 in Title Suit No. 8 of 2010 whereby, application under Section 10 C.P.C. seeking stay of further proceeding in the suit till the disposal of Second Appeal No. 74 of 2006 has been rejected, the present writ petition has been filed.

2. Title Suit No. 69 of 1990 was instituted by one Lalu Ram who is respondent in the writ petition. In the suit, the plaintiff asserted that the suit land originally belonged to Banshi Pandey, Ajodhya Pandey and Sridhar Pandey, all sons of Late Ram Sevek pandey. The defendants received Rs. 3,000/- from the plaintiff as advance consideration money and executed written agreement on 27.04.1987 for sale of the suit land. The plaintiff further asserted that after receiving part of consideration money, physical possession of the suit land was delivered to him however, on 24.04.1990, the defendants sold the suit land to defendant no. 4–the petitioner herein and therefore, Title Suit No. 69 of 1990 was instituted. The suit was instituted for a direction upon the defendants first set to execute sale-deed with respect to Schedule-A property and for rectifying agreement dated 27.04.1990 for inserting plot no. 66 of village Ch












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