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2009 Supreme(MP) 1042

PIYUSH MATHUR, S.SAMVATSAR
Sitaram Pal – Appellant
Versus
Ram Prasad – Respondent


Advocates Appeared:
Suresh Agrawal for petitioners;
Anand V. Bhardwaj for respondents.

ORDER

1. This petition is fixed today for default of process fee. Shri Anand Bhardwaj, learned counsel, takes notice on behalf of the respondents. As both the parties agreed for arguing the matter finally, hence, arguments of both the parties are heard.

2. This petition is filed by the petitioner/judgment debtor under Article 227 of the Constitution of India challenging the orders dated 6.12.2008 and 9.7.2008 passed by the Civil Judge Class I, Kolaras District Shivpuri in Execution Case No. 83A/76X93.

3. The brief facts of the case are that the plaintiff and the defendant in the case had entered into an agreement to sell of a house for a consideration of Rs. 3,200/-. On 20.11.1977, the plaintiff filed a suit for specific performance against the defendants and claimed for possession of the property.

4. This suit was decreed and an appeal filed by the defendants against such judgment and decree was affirmed on 3.8.1995. On 24.7.1997, the respondent/decree-holder filed execution proceedings against the present petitioner and proforma respondents/judgment debtors for execution of the registered sale-deed.

5. It is contended by the petitioner that the stamp duty as directed by the Court on a











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