ASHUTOSH GAWRI Vs. MUKESH SHARMA

JUDGEMENT

(1.) The Trial Court has allowed the Application 6C2, filed by the respondent no.1-plaintiff under Order XXXIX Rule 1 and Rule 2 of the Code of Civil Procedure, 1908. The present Appeal has been filed by the appellant-defendant no.2 under Order XLIII Rule 1(r) CPC challenging the impugned order dtd. 27/4/2024, passed by learned Civil Judge, (Senior Division), Rishikesh, District Dehradun in Original Suit No.10 of 2024.

(2.) Heard Mr. Sagar Kothari, learned counsel for appellant and Mr. I.P. Kohli, learned counsel for respondent no.1-plaintiff.

(3.) Mr. Sagar Kothari, Advocate, submitted that the respondent no.1-plaintiff sold the suit properties to the respondent no.2. The plaintiff had received full consideration of the sale. The respondent no.2-defendant no.1 had sold the suit properties to the present appellant-defendant no.2 and received the entire consideration. The respondent no.1 filed the said Original Suit to cancel the sale deeds on the ground of non-receiving the sale consideration from respondent no.2.