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2024 Supreme(P&H) 127

ALKA SARIN
Bhagwan Singh – Appellant
Versus
Dalel Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Satbir Singh Gill, Advocate

JUDGMENT :

Alka Sarin, J.

CM-16872-2019 & CM-16870-2019

1. For the reasons stated therein, the application for condonation of delay in refiling and filing the appeal is allowed. Delay of 61 days in refiling and 15 days in filing the appeal are condoned.

CM-16871-2019

2. The Court fee has already been made good. The present application is disposed off as infructuous.

RSA-5904-2019

3. The present regular second appeal has been preferred by the plaintiff-appellants against concurrent findings of both the Courts below whereby their suit for specific performance has been dismissed.

4. Brief facts relevant to the present lis are that the plaintiff-appellants filed a suit for specific performance of agreement to sell dated 14.06.2004 regarding a house built on land bearing Khata No.303/479, Khasra No.1466/1-0, 1641/0-2, measuring 1 Bigha 2 Biswas to the extent of 1/20 share situated at village Batriana for a total sum of Rs. 60,000/- and in the alternative suit for recovery of Rs. 60,000/- being the total amount of sale consideration paid by them to the defendant-respondent, alongwith costs and interest, as also a suit for permanent injunction for restraining the defendant-respondent from disposs

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