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2009 Supreme(All) 3900

RAJES KUMAR
MOHD. AHMAD – Appellant
Versus
AHMAD HASAN – Respondent


Advocates:
Counsel :
C.B. Singhal for the Petitioner; Mohd. Arif for the Respondents.

JUDGMENT

Hon’ble Rajes Kumar, J.—The present writ petition is being filed against the order of the Additional District Judge, Court No. 9, Muzaffarnagar, dated 14.10.2009, passed in Revision No. 39 of 2008 against the order of the Civil Judge (Jr. Divn.), Muzaffarnagar, dated 8.2.2008 in Suit No. 18 of 2007 (Mohammad Hameed & another v. Ahmad Hasan).

2. It appears that in respect of plot No. 1010M area 10.7.0 Bigha, i.e. 2.072 hectare, situate in village Kamhedda, respondent No. 2 executed an agreement to sale in favour of respondent No. 1 in respect of his 1/6th share in the property on 19.7.1991. It appears that respondent No. 2 has executed a sale deed of his 1/6th share in the same property in favour of the petitioner on 31.7.1992. Respondent No. 1 filed Suit No. 625 of 1992 for specific performance. The said suit was decreed by the Additional Civil Judge, Muzaffarnagar, vide order dated 7.4.2003 and respondent No. 2 was directed to execute the sale deed within two months on payment of Rs. 4,000/- and in case if respondent No. 2 fails to execute the sale deed, plaintiff-respondent No. 1 would be entitled to get it executed through the Court. It appears that in the suit the petit









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