ABDUL KHALIQ ANSARI Vs. FARKUNDA AND ORS.

JUDGEMENT

(1.) In these writ petitions, the orders passed by the learned I Addl. Senior Civil Judge in O.S. No. 313/08 dated 13.11.2013 and 11.12.2013 is called in question by the plaintiff/petitioner.

(2.) For the sake of convenience, the parties herein are referred to as per their rank in the trial Court.

(3.) The plaintiff filed O.S. No. 313/08 for specific performance for enforcement of agreement of sale dated 05.02.2007. Defendants filed detailed written statement resisting the suit. Defendants 3 and 4 filed an interlocutory application under Order VII Rule 11 read with Sec. 151 of CPC seeking for rejection of the plaint on the ground that the agreement of sale dated 05.02.2007 is insufficiently stamped to which the plaintiff filed his statement of objections. The trial Court after considering the rival arguments of the parties, directed the registry to calculate the duty and penalty on the agreement of sale dated 5.2.2007 by an order dated 13.11.2013 and 11.12.2013. The orders passed by the trial Court are under challenge in these writ petitions.