Saroj Kanta vs Jai Parkesh - 2023 Supreme(P&H) 362

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2023 Supreme(P&H) 362

ARVIND SINGH SANGWAN
Saroj Kanta – Appellant
Versus
Jai Parkesh – Respondent

Advocates appeared:
Mr. Rajesh Lamba, Advocate, for the Appellant; Mr. Ashwani Bakshi, Advocate, Mr. Vikas Chatrath, Advocate, for the Respondent

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JUDGMENT

Arvind Singh Sangwan, J. - The petitioner alleges violation of the order dated 10.3.2014, vide which while adjourning the RSA No.2142-2013 to 29.8.2014, it was directed that 'In the meantime, execution of the impugned decree shall remain stayed.'

The case file of RSA No.2142-2013 is summoned and interim orders are perused.

2. Brief facts of the case are that a civil suit was filed by respondent No.1/Jai Parkesh-plaintiff on 20.4.2007 praying for decree of possession by way of specific performance of an agreement to sell dated 28.12.2006 regarding 01 Bigha 12 Biswas of land for a total consideration of Rs.3,85,000/-. This suit was filed by respondent-plaintiff Jai Parkesh against Chatter Singh @ Kaptan/defendant No.1 and petitioner Saroj Kanta/defendant No.2. Defendant No.1 in his written statement denied the execution of agreement to sell. The defendant No.2 set up a plea that she is a bona fide purchaser. The trial Court vide its judgment and decree dated 23.3.2010 partly decreed the suit regarding return of Rs.1,00,000/- earnest money along with

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