PULLIN KAPARIA Vs. RAKESH GARG AND OTHERS

JUDGEMENT

(1.) THE present Appeal has been filed against the order dated 22.10.2009 passed by the learned Additional Civil Judge(Senior Division), Court No.2, Kanpur Nagar on Application No. 6-Ga filed on behalf of the plaintiff-appellant in Suit No. 1823 of 2009.

(2.) IT appears that the plaintiff-appellant filed the aforesaid Suit No. 1823 of 2009 against the defendants-respondents, inter-alia, praying for decree of declaration, declaring an agreement to sell dated 13.3.2008 allegedly executed by the defendants-respondents no.1 and 2 in favour of the plaintiff-appellant in regard to the property mentioned in the plaint as bona fide and legal, and further for a decree of permanent injunction restraining the defendants-respondents, their agents etc. from selling or otherwise transferring the property in question.

(3.) THE Written Statement was filed on behalf of the defendants-respondents no.1 and 2, copy whereof has been filed as Annexure-7 to the Affidavit accompanying the aforesaid Stay Application. It was, inter-alia, averred in the said Written Statement that the defendants-respondents no. 1 and 2 had made proposal for one- time settlement before the defendants-respondents no.3 and 4, and that in order to show their readiness to arrive at settlement, the defendants-respondents no.1 and 2 had deposited certain amount as mentioned in paragraph 10 of the said Written Statement.