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2023 Supreme(Jhk) 818

SANJAY KUMAR DWIVEDI
Indu Gupta @ Indu Devi Wd/o Late Jawahar Prasad – Appellant
Versus
Hemant Kumar Poddar S/o Late Mahabir Prasad Poddar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.K. Sahani.
For the Respondent: A.K. Das.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. A.K. Sahani, the learned counsel appearing on behalf of the appellants and Mr. A.K. Das, the learned counsel appearing on behalf of the respondents.

2. This Second Appeal has been filed challenging the judgment and decree dated 17.09.2013 and 25.09.2013 respectively passed in Title Appeal No. 16 of 2009 affirming the order dated 28.11.2008 and decree dated 15.12.2008, respectively passed in Title Suit No. 89 of 2000.

3. Mr. A.K. Sahani, the learned counsel appearing on behalf of the appellants submits that the Title Suit No. 89 of 2000 was instituted for decree for specific performance of the contract dated 27.10.1999. He submits that inspite of the valid documents as well as the agreement, the learned trial court has dismissed the suit by the judgment and decree dated 28.11.2008 and 15.12.2008 respectively. He further submits that the appellants filed the Title Appeal No. 16 of 2009 and the learned appellate court dismissed the appeal and has affirmed the order of the learned trial court by the judgment and decree dated 17.09.2013, the decree has been signed on 25.09.2013. Aggrieved with the said judgment and the decree of the learned a

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