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2023 Supreme(P&H) 1458

ARCHANA PURI
Surender Kumar Sharma – Appellant
Versus
Nitin Goel – Respondent


Advocates appeared:
For the Parties :Mr. Amit Jhanji Senior, Advocate, Mr. Eliza Gupta, Mr. Sanjiv Gupta, Mr. Aman Pal

Judgment

Mrs. Archana Puri, J.

Challenge in the present revision petition is to the judgment dated 06.10.2021 passed by learned Addl. District Judge, thereby, reversing the order dated 16.07.2021 passed by learned Civil Judge (Jr. Divn.), passed on the application under Order 39 Rule 1 and 2 read with Section 151 CPC.

2. For the convenience of discussion, the parties are referred to as making appearance before the Courts below.

3. The material facts of the case are as follows:-

That, plaintiff Nitin Goel (respondent No.1 herein) had filed a suit for specific performance of agreement to sell dated 13.01.2014, with consequential relief of permanent injunction against defendant No.1 Vikram Singh (respondent No.2 herein) and defendants No.2 to 4, namely Surender Kumar Sharma, Mahesh Kumar Sharma and Vinod Kumar (petitioners in the present petition). In the suit, it was averred that defendants No.2 to 4 are the owners of the land measuring 2 Bigha-19 Biswa, situated at Chand Sarai, outside Jundla Gate, Karnal, which is part of the Diwan Cold Storage. On 28.12.2013, all the defendants purported to the plaintiff that defendants No.2 to 4 had executed an agreement to sell dated 07.06.2008

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