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2015 Supreme(All) 1715

P.K.S.BAGHEL
Jamila Khatoon – Appellant
Versus
Ram Niwas Gupta – Respondent


Advocates Appeared:
For the Appellant :H.S. Nigam, S.S. Nigam, Suman Jaiswal, V.P. Varshney, Chetan Chatterjee, Vijay Kr. Singh Chandel and Ram Niwas Singh, Advocates.
For the Respondent:Ravi Kant, P.P. Srivastava, P.N. Saxena, Murli Dhar, Virendra Kumar, S.K. Jauhari, Kshitij Shailendra, Sunil Kumar Srivastava, A.P. Srivastava, Ratnakar Bharti, Ran Vijay Bharti, Pradeep Kumar, P.M. Saxena, Ran Vijay and Avinash Pandey, Advocates.

JUDGMENT :

Pradeep Kumar Singh Baghel, J.

The present impleadment application and the objection to the order of the Court below dated 08th May, 2003 have been filed by the subsequent purchasers of the property in dispute, namely, Smt. Seema Makkar, Smt. Geeta Goel, Smt. Laxmi Devi and Smt. Poonam, who are hereinafter referred to as the "applicants".

2. Heard Sri V.P. Varshney and Ms. Suman Jaiswal, learned counsel for the applicants in support of the aforesaid impleadment application and the objection filed by the applicants, and Sri A.P. Srivastava, learned counsel appearing for the plaintiff-respondent.

3. The essential facts, insofar as they are relevant for the purpose of the present impleadment application and objection, are that the plaintiff-respondent instituted an original suit in the Court of the Civil Judge, Saharanpur for specific performance of an agreement to sell dated 10th January, 1975. The said suit was registered as Original Suit No. 123 of 1978 (Sri Ram Niwas Gupta v. Smt. Jamila Khatoon). The defendant-appellant Smt. Jamila Khatoon, since deceased, was owner of the property in dispute, being Khasra No. 163, admeasuring about 825 square yard, situated at Pathanpura,


























































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