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2013 Supreme(Ori) 208

M.M.DAS
Braja Sundar Nanda – Appellant
Versus
Pravabati Kar – Respondent


Advocates Appeared:
For Petitioner: M/s. Goutam Mukherji, P.Mukherji, A.C. Panda, S.D. Ray and S.Mishra. .
For opp. parties:Mr. B.H.Mohanty, Sr. Advocate.

JUDGMENT

M. M. DAS, J.

This writ petition has been filed by the defendant no. 1 in C.S. No. 654 of 2011-I pending before the learned Civil Judge (Senior Division), First Court, Cuttack against the order passed by the said court on 27.7.2012.

2. The opp. party no. 1 filed the aforementioned suit seeking a decree for specific performance of contract directing the defendants 1 to 7 to execute and register a sale deed in her favour in respect of the suit land described in Schedule-A, as delineated in the sketch map given in Schedule – C, of the plaint, on receiving the balance consideration money of Rs.15.00 lakhs within a time to be fixed by the court, failing which for execution of the sale deed through court. On summons being served, the petitioner, who is defendant no. 1 appeared and filed his written statement denying the entire allegations made in the plaint. The other defendants have also filed their respective written statement denying the plaint averments. After framing of issues, the suit being ready for hearing, the plaintiff – opp. party no. 1 filed her evidence on affidavit. In course of her cross-examination, she produced the alleged plain paper agreement in evidence and




































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