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2022 Supreme(MP) 744

PURUSHAINDRA KUMAR KAURAV
AKHILESH SINGH S/o SANAND SINGH – Appellant
Versus
KRISHAN BAHADUR SINGH – Respondent


ORDER : – This petition under Article 227 of the Constitution is filed at the instance of defendant No. 6 and 7 against the impugned order dated 30-11-2021 (Annexure P/9) passed by IVth District Judge, Satna.

2. A Civil Suit No. 1-A/2014 is pending before the trial Court seeking decree of specific performance of contract dated 17-1-2017 and declaring the sale deed dated 15-3-2013 and 17-4-20013 executed in favour of defendants No. 4 and 5 to be null and void to the extent of share of the plaintiff and for permanent injunction against the defendants. The petitioners in the present petition are defendants No. 6 and 7 in the civil suit. In the trial Court, the evidence of defendant No. 1 was recorded. However, defendant No. 6 was not given opportunity to cross-examine defendant No. 1 and the statement of defendant No. 1 was against the defendant No. 6 and, therefore, his prayer for cross-examination was accepted by this Court, vide order dated 8-1-2020 passed in W. P. No. 10710/2017.

3. In pursuance to the order passed by this Court, on 5-3-2020, the learned trial Court appointed the Court Commissioner to record the statement of D.W.1 as the said witness was unable to stand on his leg

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