NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Judgment Reserved on : 13/09/2022 Judgment Delivered on : 13/12/2022 FA No. 382 of 2017

1. Vijay Kumar Karande S/o Late Shri Rajaram Karande, R/o Ward No. 23, Juni Hatari Near Juni Hatari, Ram Mandir, Rajnandgaon, Civil And Revenue District Rajnandgaon (C.G.).

---- Appellant Defendant Versus

1. Madanlal Navlani S/o Sajjanmal Mavlani, Aged About 54 Years, R/o Lalbagh, Lane No. 3, Sindhi Colony, Rajnandgaon, Civil And Revenue District Rajnandgaon (C.G.).

---- Respondent Plaintiff For Appellant : Mr. Gyan Prakash Shukla, Advocate appears on behalf of Mr. Anup Majumdar, Advocate.

For Respondent : Mr. V.K. Sharma, Advocate.

Hon'ble Shri Justice Goutam Bhaduri &

Hon'ble Shri Justice Radhakishan Agrawal

C A V Judgment

Per Radhakishan Agrawa l J.

(1) Challenge in this appeal filed under Section 96 read with Order 44 Rule 1 of the Code of Civil Procedure, 1908 by the appellant/ defendant is to the judgment and decree dated 26/08/2013 passed by the District Judge, Rajnandgaon (C.G.) in Civil Suit No. 03/A/2011; whereby the suit for specific performance of contract filed by the respondent/plaintiff was allowed.

(2) The averments in the plaint, in brief, are that