Santosh vs Kanta Devi - 2023 Supreme(P&H) 1506

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1506

ARUN MONGA
Santosh – Appellant
Versus
Kanta Devi – Respondent

Advocates appeared:
For the Parties : Mr. Sumit Sangwan

Table of Content
1. overview of the factual background of the case. (Para 2)
2. arguments regarding the significance of contract timing and limitations. (Para 3)
3. court's observations on potential harm and property rights. (Para 4 , 5 , 6)
4. conclusion and order regarding the case disposition. (Para 7 , 8)

Judgment

Mr. Arun Monga, J.

Petition herein is for setting aside order dated 17.03.2023(Annexure P-1) passed by Ld. Additional District Judge, Bhiwani, whereby Ld. First Appellate Court dismissed the application, moved by petitioner/defendant, under Order 41 Rule 5 CPC for staying operation of impugned judgment and decree dated 30.01.2020 (Annexure P-2) during pendency of first appeal.

2. Succinct facts first, as pleaded in the instant petition.

2.1. Respondents filed a suit for possession by way of specific performance of an agreement to sell dated 03.03.2010 allegedly executed by petitioner in favour of Ompal Singh, predecessor-in-interest of respondent/plaintiffs, agreeing to sell land measuring 12 Kanals. The suit was filed on 08.12.2017 i.e. after about 7 years from the alleged agreement. Ld. trial Court decreed the suit vide judgment and decree dated 30.01.2020 (Annexure P-2).

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