ANKIT GUPTA Vs. BADRILAL

JUDGEMENT

(1.) The present petition is being filed by the Petitioner/ plaintiff being aggrieved by the order dtd. 28/09/2022 passed in Civil Suit No.138- A/2009 whereby the learned 28" District Judge, Indore has dismissed the application filed by the petitioner under Order 1 Rule 10 of the C.P.C., for impleadment of certain persons as a necessary party to the civil suit.

(2.) Petitioner has filed a Civil Suit bearing No.RCS-138-A/2009 for specific performance and permanent injunction, being aggrieved by the inaction on the part of respondent no.1-Badrilal alleging that initially on 28/6/2006 the respondent No.2 Damodar S/o Laxmanji Khati and respondent No.3 Shyam S/o Laxmanji Khati entered into an agreement to sale with respondent No.1 Badrilal S/o Kaniram of a land bearing Khasra No's.435, 392, 394, Halka Patwari No.15/2, total Rakba 8.33 Acres situated, at Musakhedi, Tehsil and District Indore (M.P.) for a consideration of Rs.15,00,000.00 Per/Acre and sum to the tune of Rs.10,00,000.00 was paid as a part payment.

(3.) Subsequent to that on 17/10/2006, the respondent No.1-Badrilal entered into an agreement to sale of the said land to the present petitioner/ plaintiff through an agreement to sale dtd. 17/10/2006 and in pursuance of the said agreement part payment were also paid to respondent no.1. In spite of several reminders and legal notice the respondent no.1 did not perform his part of agreement, therefore, a notice for specific performance of agreement and execution of sale deed was issued by the petitioner however, since there was no response from the respondent no.1 petitioner filed the said civil suit.