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2010 Supreme(P&H) 3089

ALOK SINGH
Shashi Dhawan – Appellant
Versus
S. M. Khan – Respondent


Judgment

Alok Singh, J.

1. Defendant-petitioner has invoked supervisory jurisdiction of this Court, challenging the order dated 28.09.2010 passed by learned Civil Judge (Senior Division), Panchkula, thereby rejecting the application moved by defendant No. 1-petitioner herein under Order 7 Rule 11 C.P.C.

2. The brief facts of the present case are that plaintiff respondent No.1 has filed a suit for permanent prohibitory injunction restraining the defendant from alienating/disposing off the suit property to any other person except the plaintiff and for mandatory injunction directing defendant No.l to complete the sale in favour of the plaintiff in terms of oral agreement and token receipt dated 25.03.2010.

3. The plaintiff has, inter-alia, alleged in the plaint that defendant No.1-has approached the plaintiff for sale of 10 marlas single storey house and she told the plaintiff that she is absolute owner of the suit property and the same is free from all sorts of encumbrances; plaintiff has accepted the proposal of defendant No.l on 25.03.2010 and all the conditions of sale were settled orally in the presence of Rajesh Sharma of Balaji Estate, Daya Sagar Sharma and S.A. Khan and total s






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