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2023 Supreme(P&H) 392

NAMIT KUMAR
Ashok Alias Babbu – Appellant
Versus
Bahadurgarh Agro Industries (p) Ltd. – Respondent


Advocates appeared:
Mr. Akshay Kumar Jindal, Advocate, for the Appellant; Mr. Aalok Jagga, Advocate and Mr. Abhishek Sharma, Advocate, for the Respondent.

JUDGMENT

Namit Kumar, J. - Instant revision petition has been preferred by the petitioner impugning the order dated 26.02.2019 rendered by the learned Additional District Judge, Gurugram, whereby his application filed under Order 1 Rule 10 CPC for transposing him as co-appellant, has been dismissed.

2. Parties to the lis, hereinafter, shall be referred to by their original position in the suit.

3. The relevant facts of the case required for the adjudication of the present revision petition are that respondent No.1-Bahadur Agro Industries (P) Ltd. filed a civil suit for possession by way of specific performance and in the alternative suit for recovery and suit for permanent injunction against the petitioner-respondent Nos.2 to 13 (hereinafter referred to as defendants) for enforcement of agreement to sell dated 24.07.2006, which was decreed by the trial Court vide judgment dated 12.01.2018 in favour of the plaintiff-respondent No.1 and against the defendants and a decree for specific performance of agreement to sell dated 24.07.2006 was passed with a direction to the defendants to execute the sale deed in favour of the plaintiff in respect of the suit property on receipt of the balance

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