Advocates:
['PRADEEP SHAH', '', 'SANDEEP SHAH', 'SABIR KHAN', 'RANJEET SINGH', 'P SHAH', 'VINAY JAIN']

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S.B.CIVIL SECOND APPEAL NO.170/2015

(U.I.T., Bhilwara Vs. Smt.Rekha Gaggad))

Date of Order : 12.08.2015

HON'BLE MR. JUSTICE P.K. LOHRA

Mr.Sandeep Shah for the appellant.

Mr.Darshan Jain, for the respondent.

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Appellant-defendant has preferred this second

appeal to assail the impugned judgment and decree dated

24.02.2015 passed by Additional District Judge No.3,

Bhilwara (for short, 'learned lower appellate Court'),

whereby the learned lower appellate Court has affirmed the

judgment and decree dated 05.05.2014 passed by

Additional Civil Judge (Sr. Division) No.2, Bhilwara (for

short, 'learned trial Court').

The facts, necessary and germane to the matter,

are that appellant published a Notification for open auction

in respect of Plot No.S-68, Azad Nagar Scheme. In the

auction proceedings, besides other incumbents, respondent-

plaintiff also participated and being the highest bidder, her

bid was accepted on 05.06.2009. Pursuant to the

acceptance of her bid, for a sum of Rs.40,50,000/-, on the

same day respondent deposited 1/4^th amount of bid to the

tune of Rs.10,25,000/-. In terms of Notification, respondent

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