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2018 Supreme(MP) 923

VANDANA KASREKAR
Kewal Singh Thakur – Appellant
Versus
Oriental Farmers and Builders Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dayaram Vishwakarma
For the Respondent:A. Rajeshwar Rao, Neeraj Singh Chouhan, Government Advocate

JUDGMENT :

Shri Dayaram Vishwakarma, learned counsel for the petitioners.

Shri A. Rajeshwar Rao, learned counsel for respondent No. 1.

Shri Neeraj Singh Chouhan, learned Government Advocate for respondent No. 2.

2. The petitioners have filed the present petition under Article 227 of the Constitution of India challenging the order dated 14-2-2018 passed by the First Additional District Judge to Link Court 5th Additional District Judge, Bhopal thereby dismissing the application preferred by the petitioners under Order 6, Rule 17 of the Civil Procedure Code.

3. Respondent No. 1/plaintiff has filed a civil suit for specific performance of the contract. On receiving the summons of the suit, the petitioners have filed the written statement and also filed counter claim. During pendency of the said civil suit, one Shri Sanjeev Upadhyay, who was authorized on behalf of respondent No. 1 has received Rs. 30,000,00/- on behalf of respondent No. 1 from the petitioners on 20-10-2015 and issued the acknowledgment in favour of the petitioners. During pendency of the said civil suit, the counsel for the petitioners has issued the registered notice to respondent No. 1 requested for executing the sale-dee

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