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2016 Supreme(MP) 390

ROHIT ARYA
Ramesh Kumari Sharma – Appellant
Versus
Asin Verma – Respondent


ORDER

1. In this writ petition under Article 227 of the Constitution of India, petitioner/applicant has approached this Court against rejection of the application filed under Order 1 rule 10 read with section 151 CPC by the impugned order dated 15.2.2016 in Civil Suit No.32A/2015 by the trial Court.

2. Facts necessary for disposal of this writ petition are in narrow compass. A suit for specific performance of the agreement dated 7.3.2011 was filed by the petitioner against two persons, namely; Smt. Savitri Verma w/o late Bhanwar Verma and Ms. Neena Singh d/o late Bhanwar Verma (defendants No.1 and 2) in respect of the registered agreement dated 7.3.2011 relating to the suit property. The aforesaid suit has been decreed vide judgment and decree dated 28.1.2005 passed in Civil Suit No.222-A/2013 by Eleventh Civil Judge, Class-I, Gwalior. It appears that no further proceedings as against the aforesaid decree has been either instituted or pending consideration as on date. However, the respondents No.1 and 2 herein who are grand-son and grand-daughter, namely; Asin and Smt. Akshata have filed a suit for declaration and injunction to the effect that the alleged agreement dated 7.3.2011 be










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