ASHOK KUMAR MARWAHA Vs. GURUPAL SINGH

JUDGEMENT

(1.) In this intra -court appeal preferred under section, 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal. Adhiniyam, 2005 the challenge is to the order dated 08 -08 -2006 passed by the learned Single Judge in W.P. No. 10447/2006.

(2.) The facts which are requisite to be exposited are that the Appellant -Petitioner (hereinafter referred to as the Appellant) filed a Civil Suit No. 4 -A/2005 for specific performance of contract It was pleaded the plaint that on 10 -07 -2002 he had entered into an agreement with the Respondent No. 1 for sale of land bearing Khasra No. 72/2,73/2,74/2 and 75/2 measuring 95/75 sq.ft. situated in Gupteshwar, District Jabalpur. He has paid Rs. 50,000/ - as a part of sale consideration and the balance amount was to be paid by him by 31 -12 -2002.

(3.) It is appropriate to mention here that the Plaintiff, as put forth, had filed a Civil Suit No. 96 -A/2004 and the Court below passed an order of injunction on 09 -07 -2004 restraining the Defendants therein from alienating the suit property. On coming to know of order of injunction the respondent No. 1 executed the sale deed. As the Respondents No. 2 and 3 claimed right, title and interest over the suit land, as a consequence of which the Plaintiff thought it apposite to initiate the civil action.