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2012 Supreme(All) 90

PRAKASH KRISHNA
SHYAMLEELA DEVELOPMENT PVT. LTD. – Appellant
Versus
ANIL KUMAR SINGH – Respondent


Advocates Appeared:
Saurabh Jain, Ishwar Chand Tyagi and Pramod Kumar Jain for the Petitioner; Jai Singh and S.N. Dubey for the Respondent.

JUDGMENT

Hon’ble Prakash Krishna, J.—These two revisions were heard together and are being disposed of by a common judgment as was jointly agreed by the learned counsel for the parties. They are directed against two separate orders both dated 8th of September, 2011 passed by the Court below rejecting the application Nos. 38C and allowing 46Ka, preferred by the applicant defendant herein.

2. The original suit No. 1740 of 2008 has been instituted by Anil Kumar against Smt. Shanti Devi and others for mandatory injunction claiming the following reliefs :

(a) Decree for mandatory injunction be passed in favour of the plaintiff and against the defendant Nos. 1 and 2 directing the defendant Nos. 1 and 2 to execute the deed of sale in favour of plaintiff within the time allowed by the learned Court.

(b) Cost of the suit be also awarded to the plaintiff and against the defendant Nos. 1 and 2.

(c) Any other relief which the learned court may deem fit and proper be granted in favour of the plaintiff and against the defendant Nos. 1 and 2 in the circumstances of the case.

3. Initially, the said suit was filed against three defendants and the defendant No. 4 who has filed the present revision w

















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