DHARMENDRA RAGHUWANSHI Vs. SMT. RADHA GOYAL & OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 227 of the Constitution of India challenging the order dated 30/09/2019(Annexure-P/1), passed by the 1 st Additional Judge to the Court of 1st Civil Judge, Class-I, Dhar In Civil Suit No.59- A/2018 thereby, rejecting the application preferred by the petitioner under Order 1 Rule 10 of Civil Procedure Code.

(2.) Brief facts of the case are that the respondent Nos.1 and 2 /plaintiffs have filed a civil suit against the respondent No.3(defendant no.1) for specific performance of contract and incidental relief in respect of the suit land bearing Survey No.471/1/2 area 0.565 hectare situated at Village Dedla, Tehsil and District Dhar.

(3.) The aforesaid suit has been filed on 14/05/2018 for specific performance of an alleged agreement dated 15/09/2016. During the pendency of the aforesaid suit, the respondent No.3 executed a registered sale deed dated 8/07/2019 in favour of the petitioner herein in respect of the suit land on the basis of which the possession of the suit land has also been handed over to the petitioner herein. The petitioner has purchased the suit land upon payment of entire sale consideration and the petitioner is bona-fide purchaser of the suit land without notice of either the previous agreement between the plaintiffs and defendant no.1 or the pendency of the said civil suit.