Order On Board

19/12/2024

1. This appeal is filed by the appellant challenging the legality and sustainability of the order dated 14.08.2024 passed in Civil Suit No.15-A/2024 by First District Judge, Durg, District -Durg

Digitally signed by

PRAVEEN whereby the application filed by the appellant under Order 39

KUMAR SINHA

Rule 1 & 2 read with Section 151 of CPC was dismissed.

2. Learned counsel for the appellant would submit that appellant entered into an agreement with respondent No.1 on 17.01.2022 for purchase of land for total consideration of Rs.85 lakhs out of which Rs.10 lakhs have been paid prior to date of execution of agreement. However, even after making several requests by the appellant, respondent No.1 has not executed sale deed in his favour and thereafter a legal notice through Advocate was sent to respondent No.1 on 30.04.2022 asking him to get the sale deed executed but sale deed was not executed and therefore Civil Suit was filed seeking specific performance of contract. He contended that the appellant is apprehending that respondent No.1 may alienate the property and create third party interest. However, the learned trial Court has not considered the fact and circumstance