KISHORILAL (D) THROUGH LRS. Vs. GOPAL

JUDGEMENT

(1.) Leave granted. Facts giving rise to appeal (i.e., SLP (C) No.36787 of 2017)

(2.) This appeal arises from Original Suit No. 5A of 1992 which was instituted by Gopal (first respondent) against Kishorilal (i.e., first appellant (since deceased), who is now represented through his LRs), inter alia, for declaration and injunction and, later, by way of amendment, for specific performance of agreement to purchase the suit scheduled property. During pendency of the suit, Brajmohan and Manoj (i.e., the appellants in the connected appeal), purchased the suit property from Kishorilal, vide sale-deed dtd. 20/4/1992.

(3.) The aforesaid suit was decreed on 18/10/2000. Aggrieved therewith, Kishorilal and the transferees lis pendens, namely, Brajmohan and Manoj, jointly filed appeal (i.e., F. A. No. 213 of 2000) before the High Court of Madhya Pradesh, Bench at Gwalior. During pendency of the appeal, Kishorilal died on 17/12/2005. Therefore, vide order dtd. 10/7/2006, his LRs, namely, (i) Suresh, (ii) Murarilal, (iii) Prakash and (iv) Sitabai were substituted as appellants No. 1(1), 1(2), 1(3) and 1(4), respectively.