( 1 ) BY this petition, the petitioner is aggrieved by order dated 12-12-2005, passed by 9th Additional District Judge, bhopal in Civil Suit No. 5-A/2005, allowing the application of respondent No. 1/plaintiff under Order 18 Rule 4 read with Order 3 Rules 1 and 2 of the Code of Civil Procedure (for short the 'cpc' ).

( 2 ) BRIEF facts of the case are that respondent No. 1 Saifia Education Society, Bhopal filed a suit against petitioner Mohd. Mansur ali Khan and respondent Nos. 2 and 3, as the successors to Smt. Begum Sazida Sultan, former ruler of Bhopal as her legal heirs, since Late Smt. Begum Sazida Sultan had entered into an agreement to sell land bearing khasra Nos, 47, 48, 50, 51 admeasuring 35. 70 Acres at Bhopal, with respondent no. 1 Saifia Education Society by agreement dated 7-2-1985. However, the sale-deed could not be executed due to the death of smt. Begum Sazida Sultan and respondent no. 1 Saifia Education Society filed a suit before the 9th Additional District Judge, bhopal for specific performance requiring the defendant petitioner and respondent nos. 2 and 3 to execute the sale deed in respect of the land. The suit was registered as r. C. S. No. 104/2003 and writt

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