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2004 Supreme(MP) 206

S.K.SETH
Hamid Khan Ansari – Appellant
Versus
Lilabai – Respondent


Advocates Appeared:
B.L.Pavecha, Vandana Kasrekar,

Judgment

( 1. ) THIS First Appeal arises out of the order passed by the Additional District Judge, Agar, in Execution Case No. 39/98 pending between respondent Nos. 1 to 3 and respondent Nos. 4 to 11 herein who are decree holders and judgment debtors respectively.

( 2. ) FEW facts those are relevant for disposal of this appeal are as under :-- Predecessor in title of respondent Nos. 1 to 3 Mukundram filed a suit for specific performance of contract in respect of an open piece of land admeasuring 19 x 49 ft. situated on Survey No. 191, in Village Soyatkalan, Tehsil Agar, District Shujalpur. The suit was instituted on 1-8-1990. Trial Court decreed the suit on 23-7-97, Against the judgment and decree predecessor in title of respondent Nos. 4 to 11 Balchand filed a First Appeal No. 330/97 in this Court and obtained a stay order. This Court on 1-8-2001 ultimately dismissed First Appeal. Upon dismissal of the appeal the execution proceedings started. Despite deposit of balance consideration and upon failure of respondent Nos. 4 to 11 to execute a sale deed in favour of respondent Nos. 1 to 3, on 14-2- 2003 the Executing Court executed the sale deed in favour of respondent Nos. 1 to 3. Poss











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