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CASE NO.:

Appeal (civil) 5664 of 2006

PETITIONER:

Sanjay Verma

RESPONDENT:

Manik Roy and Ors

DATE OF JUDGMENT: 08/12/2006

BENCH:

Dr. ARIJIT PASAYAT & S.H. KAPADIA

JUDGMENT:

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

(Arising out of SLP (C) No.12513 of 2006)

Leave granted.

Challenge in this appeal is to the order passed by a

learned Single Judge of the Jharkhand High Court allowing

application filed by the respondents in terms of Order I Rule

10 of the Code of Civil Procedure, 1908 (in short the ’CPC’).

The applicants are transferees of the property in dispute

during the pendency of the suit.

Background facts in a nutshell are as follows:

Appellant filed a suit for specific performance of contract

against one Rajeshwari Devi, respondent No.3. The suit is

numbered as Title Suit No. 88 of 1991. The prayer in the suit

was for a decree against the defendant for specific

performance of agreements dated 25.12.1986 and 27.12.1990

by directing to the defendant No.1 to execute registered sale

deeds. Further declaration was sought for to the effect that

said defendant No.1 had no right to execute four sale deeds in

favour