R. R. K. TRIVEDI, J.

( 1 ) THIS appeal is from the order dated 1st May. 1998, passed in Misc. Case No. 28/74 of 1995 by the learned VIIth ACMM, Kanpur Nagar, by which the application for setting aside the decree dated 17. 1. 1995 in Original Suit No. 1247 of 1992 has been rejected.

( 2 ) THE facts in short giving rise to this appeal are that plaintiff-respondent No. 1. Raj Kumar agarwal filed Original Suit No. 1247 of 1992 for a decree of mandatory injunction for specific performance (by defendant-appellant and defendant-respondent Nos. 2 to 5) of agreement dated 25. 1. 1988 in respect of premises No. 7/209 measuring 1668 sq. yards situated in Swaroop Nagar, kanpur Nagar and further to execute the sale deed in favour of plaintiff-respondent No. 1 and deliver possession of the premises in dispute to him and in case of their failure, the Court may execute the sale deed in his favour. It was also prayed that a declaration may be made to the effect that any sale deed in respect of premises in dispute executed by the defendant-respondent nos. 2 to 5 in favour of defendant-appellant is a nullity and is not binding on plaintiff-respondent no. 1. In this suit, summons were issued for servi

Click Here to Read the rest of this document