IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 20 OF JANUARY, 2026 FIRST APPEAL No. 266 of 2020 SRAVAN KUMAR (DELETED) AND OTHERS Versus SMT. PRABHAKANTA SHARMA AND OTHERS Appearance:

Mr. Himanshu Pathak - Advocate for appellants.

Mr. Divakar Vyas - Advocate for respondent No. 3.

Mr. Kabir Quraishi - Advocate for LRs. of respondent No. 6.

JUDGMENT This First Appeal under Section 96 of CPC has been filed against the judgment and decree dated 09/12/2019 passed by Third Additional District Judge, Guna, in R.C.S.A. No. 19A/2014, by which suit filed by appellant/plaintiff has been partially decreed, and it has been held that plaintiff is not entitled for specific performance of contract. However, it has been directed that defendant No. 2 Meena Sharma, defendant No. 3 Sandeep Sharma, and defendant No. 1 Prabhakant Sharma would refund an amount of Rs. 7,00,000/- to plaintiff, and plaintiff shall also be entitled for 6% interest on the amount of Rs. 7,00,000/- from the date of presentation of suit till the final payment is made.

2. I.A. No. 7387/2025 has been filed under Order 1 Rule 10, Order 41 Rule

21 and 23 r/w Order 22 CPC. This applicatio