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2023 Supreme(MP) 313

ARUN KUMAR SHARMA
Suresh N. Vijayvargiya – Appellant
Versus
Ashok Kumar – Respondent


Advocates appeared:
Abhishek Singh for petitioner; R.K. Sanghi for respondent.

JUDGMENT

With the consent of the parties, heard finally.

1. This first appeal under section 96 of the Civil Procedure Code has been filed by the appellant / plaintiff against the order dated 10.11.2020 passed by learned District Judge, Bhopal in RCSA No.2346/2020, by which the suit filed by the appellant for specific performance of contract and permanent injunction, was dismissed under Order 7 rule 11 CPC on the ground that the suit does not disclose any cause of action and plaint being pre-mature.

2. The facts leading to the present appeal in nutshell are that the present appellant / plaintiff entered into a contract through registered agreement to sale dated 7.6.2010 with the respondent for the agricultural land having survey numbers 92, 135, 136, 141, 172, 196, 197, 198, 222/53, total area 21.67 acres situated at Gram Pipliyabajkha, Tahsil Huzur, Distrit Bhopal (MP). Late Imratlal S/o. Late Gangaram was the original owner of the aforesaid property having clear title and possession of the said land. As he was not having any issue, in the year 1985 he adopted the present respondent Ashok Kumar as his legal heir by adoption deed dated 28.8.1985. Imratlal died issueless in the year 198

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