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

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ON THE 17 OF FEBRUARY, 2026 FIRST APPEAL No. 193 of 2015 ASHOK KUMAR Versus BHAGWAN SINGH THR. LRS PRADEEP AND OTHERS Appearance:

Shri S.S.Rajput, Advocate for the appellant.

None for respondent Nos. 1 to 7, though served.

Shri R.K. Upadhyay, Advocate for respondent No.8.

Shri C.P. Singh, G.A. for respondent No.9/State.

JUDGMENT This first appeal, under section 96 of CPC, has been filed against the judgment and decree dated 22/8/2015 passed by Additional District Judge, Ganjbasoda, District Vidisha in Civil Suit No.77A/12, by which the suit filed by appellant/plaintiff for specific performance of contract has been dismissed.

2. Facts necessary for disposal of present appeal, in short, are that appellant/plaintiff filed a suit for specific performance of contract pleading inter alia that defendant No.1 was the owner and in possession of land situated in Village Ghatera Tahsil Tyonda area 2.25 Bigha, which is also known as Furtala Wala Khet. The aforesaid property was received by defendant No.1 in family partition. Defendant No.1 entered into an agreement to sell the aforesaid property for consider