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2015 Supreme(MP) 939

A. M. KHANWILKAR, J. K. MAHESHWARI
Akshay Doogad – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Appellant :Sanjay Kumar Verma, Advocate
For the Respondent:Sanjay Kumar Malvia, Advocate

JUDGMENT :

A.M. Khanwilkar, CJ.

1. This first appeal takes exception to the judgment and decree passed by the 3rd Additional District Judge, Chhindwara in Civil Suit No.22-A/12. The said suit was filed by the appellant for relief of specific performance of agreement executed between the parties on 17.2.2010, in respect of property situated in Ward No.32, P.H. No.22, B.No.177, R.N.M. Chhindwara-1. The suit was resisted by the respondents/defendants.

2. The trial Court framed issues relevant to the relief claimed in the suit. As regards the issue whether the suit agreement was executed between the parties, the same has been answered in favour of the appellant/plaintiff. Even the issue of readiness and willingness has been answered in favour of the plaintiff. The trial Court after analyzing the evidence on record has also noticed that the defendants have only questioned the value of the property in the entire cross examination and not the factum of execution of the agreement or about their commitment to transfer the property in favour of the plaintiff. Although, the trial Court in the impugned judgment answered all the issues in favour of the plaintiff, rejected the relief of specific pe

























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