VIRENDRA PAL RAIJADA Vs. DESHPAL RAIJADA

JUDGEMENT

(1.) This Appeal has been filed assailing the order dtd. 3/5/2025 passed by the 8th District Judge, Raipur in Civil Suit No.58-A/2024 whereby, while allowing the application under Order 39 Rules 1 & 2 CPC r/w Sec. 151 CPC, only a limited relief has been extended in favour of the Respondent/Plaintiff that no third party interest shall be created with respect to subject Suit property.

(2.) Learned Counsel for the Appellant submits that the trial Court has failed to appreciate that the alleged agreement for which, the Suit for specific performance has been filed, was admittedly executed on 12/9/2005 and the Suit has been filed only on 26/6/2024, therefore, the Suit itself was not tenable and prays to set aside the order impugned.

(3.) Alternatively, learned Counsel for the Respondent supports the order impugned.