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2022 Supreme(All) 181

SARAL SRIVASTAVA
Gordhan – Appellant
Versus
Bohati – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashish Kumar Singh, Ajay Kumar Singh
For the Respondent: Javed Husain Khan, Chetan Chatterjee

JUDGMENT :

1. Heard Sri Ashish Kumar Singh, learned counsel for the petitioners and Sri Chetan Chatarjee, learned counsel for the respondent nos.8 and 9 through video conferencing.

2. This petition has been filed under Article 227 of the Constitution of India by the defendants against the order dated 23.04.2019 passed in Original Suit No.48 of 1992 (Zile Singh Vs. Sanmukh and others) whereby the Court of Additional Civil Judge-I (Senior Division), Saharanpur has rejected the application of petitioners (Paper No. 26Ga), praying for rejection of written statement filed by respondent no.8 and 9 and the order dated 24.11.2021 passed by Additional District Judge, Court No.1, Saharanpur passed in Civil Revision No.60 of 2019 (Gordhan and others Vs. Zile Singh) confirming the order of trial Court dated 23.04.2019.

3. The suit has been instituted by the respondent nos.1 to 6 for specific performance of contract on the ground that one Sanmukh had entered into a registered agreement to sale dated 27.11.1991 with the respondent nos. 1 to 6 in respect of property in dispute.

4. In the Original Suit No. 48 of 1992, Sanmukh filed written statement denying execution of agreement to sale. The relevant

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