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2021 Supreme(MP) 92

SHEEL NAGU, VISHAL MISHRA
Hariprakash Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Respondent:Ankur Modi, Learned Additional Advocate General and Ravi Chaudhary, Learned Counsel

ORDER :

Vishal Mishra, J.

1. The present petition is being filed being aggrieved by the in-action on the part of the respondents especially respondent no. 3 not deciding the objection filed by the petitioner in Case No. q/reader-1/Gwalior/2019 and the respondent no. 3 is taking steps for auctioning the property of the petitioner. It is submitted that petitioner owns and possess the built up house situated at Pradhan Sahab Ka Bada, Topewala Mohalla, Jiwajiganj, Lashkar, Gwalior bearing Municipal House No. 39/425/14 (old) subsequent No. 39/1218 and present Municipal House Number is 1179. The four corner of the built up house is mentioned in para 5.1 of the petition.

2. It is submitted that the previous owner namely Yash Pradhan S/o Late Shri Avinashchand Pradhan entered into an agreement to sale in favour of the petitioner's wife namely Smt. Krishna Sharma, by which he agreed to sale the aforesaid house to the petitioner's wife and in part performance of the agreement the possession of the said property was handed over to the petitioner's wife on 15.3.1990. Subsequently a sale deed was not executed, therefore, a civil suit was preferred being RCSA No. 495/2019 which is for specific perf

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