SUBHASH MAINI Vs. ACTING/OFFICIATING DISTRICT JUDGE,MUZAFFARNAGAR

JUDGEMENT

(1.) The petitioner has preferred a writ of certiorari for quashing the order dated 14.2.2013 and 14.3.2013 passed by the District Judge, Muzaffernagar and Civil Judge (Senior Division) Kairana, respectively, whereby the application under section 28 of the Specific Relief Act,1963 has been rejected by the court below.

(2.) The essential facts of the case are that the respondent no.2 Kareshan entered into an agreement dated 21.7.2004 to sell agricultural land plot no. 76 M Area 0.067 hectare and Plot No. 76 Area 0.921 hectare for a sum of Rs. 4,65,000/-. He filed a civil suit no. 201 of 2004 in the court of Civil Judge, Senior Division, Kairana for cancellation of the registered agreement dated 21.7.2004 on the ground that the defendant had got the said agreement under the undue influence.

(3.) The respondent no.1 Nathi Ram, when received the summons of the said suit he also instituted an Original Suit No. 35 of 2005 in the same court viz Civil Judge Senior Division, Kairana for the specific performance i.e. for execution of sale deed and possession.