JUDGMENT (CAV)

Aditya Kumar Trivedi J.—Defendant-appellant, against the judgment dated 30.01.2012 and decree dated 09.02.2012, whereby and whereunder the suit has been decreed on contest without cost directing the defendant-appellant to execute sale deed with regard to the disputed land in favour of the plaintiff-respondent within two months after receiving the rest consideration amount otherwise the plaintiff- respondent will be entitled to get the sale deed executed through the process of the court, challenged the same under the present appeal.

2. From the appeal record it is evident that notice has validly been served upon the plaintiff-respondent but, he did not choose to appear. Whereupon, the appeal has been heard ex-parte.

3. The parties are being identified by their original status which they possess before the learned lower court.

4. It has been pleaded at the end of the plaintiff that Survey Plot No.954, area 5 decimals lying under Khata No.146, Thana No.94, Tauzi No.11313 of village Madhopur, Sipah, P.S. Deep Nagar (Laheri), district- Nalanda belonged to Basudeo Mistry and Sakhi Chand Mistry, son of Sri Ramphal Mistry and accordingly, were over the land. In due course of