IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 4 OF FEBRUARY, 2026 CIVIL REVISION No. 866 of 2023 JAISHANKAR LALWANI Versus JAMBOO KUMAR JAIN AND OTHERS Appearance:

Shri Akhilesh Kumar Jain - Advocate for the applicant.

Shri Anshuman Singh - Advocate for the respondents.

ORDER The present petition has been filed challenging the order passed by the Executing Court dated 05.10.2023, whereby the Executing Court has rejected the application of the judgement debtor under Section 28 of Specific Relief Act, which was for rescission of contract for sale of immovable property, the specific performance of which has been decreed.

2. The necessary facts shorn of details for the purpose of the present petition are that a decree for specific performance has been passed on 31.10.2019 granting specific performance of agreement dated 17.10.2012 to the respondent-plaintiff. It was recorded by the Executing Court that out of agreed sale consideration of Rs.50.00 lakhs, an amount of Rs.8.50 lakhs has been paid by the plaintiff and therefore, decree was passed to the effect that the remaining amount of Rs.41,49,812/- shall be paid to the defendant and upon su