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2015 Supreme(MP) 564

S.K.GANGELE
Tabassum – Appellant
Versus
Shabbir Hussain – Respondent


Advocates Appeared:
For the Petitioner: Abhishek Gulatee, Learned Counsel.
For the Respondents: Imtiaz Hussain, Learned Counsel.

JUDGMENT :

S.K. Gangele, J.

1. Heard.

2. The petitioner has filed this petition against the order dated 20.03.2012 (Annexure-P-4) passed in Civil Suit No. 34-A/2011 by which, the trial Court rejected the application of the petitioner filed under Order 1 Rule 10 of CPC.

3. The respondents No. 1 to 3/plaintiffs filed a suit for Specific Performance of Contract against the respondent No. 4/defendant. It was pleaded by the plaintiffs that the respondent No. 4 contracted with the plaintiffs to sell of the suit house in favour of the defendant. The plaintiff filed a suit for Specific Performance of Contract. In the aforesaid suit, the petitioner filed an application under Order 1 Rule 10 of CPC. She opposed the prayer for grant of decree of Specific Performance of Contract. She pleaded that she was married with the son of defendant Mr. Mohd. Sajid on 27.12.2001. At the time of marriage, a Mehar of the petitioner was fixed of Rs.52,000/- and it was agreed that half portion of the suit house No. 409 would be given to the petitioner. Her husband had also consented to this. The aforesaid fact was also recorded in the 'Nikahanama'. The petitioner further pleaded that she is in possession on half
















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