SUBASINI MEHER Vs. JANMAJAYA PANIGRAHI

JUDGEMENT

(1.) This appeal is against the confirming judgment passed by learned District Judge, Sambalpur on 18/5/2013 followed by decree in R.F.A. No.45/2012. The Appellant is the Defendant in the original suit i.e. Civil Suit No.14/2005 of the court of learned Civil Judge (Sr. Division), Sambalpur. The suit was filed by the Plaintiff for a decree of specific performance of contract against the Defendant directing her to execute a fresh sale deed in his favour in respect of the suit schedule land, alternatively, for recovery of the consideration money paid by him with pendent lite and future interest. The said suit was decreed vide judgment dtd. 5/1/2012 followed by decree on 20/11/2012. The decree was confirmed in the First Appeal.

(2.) For convenience, the parties are referred to as per their respective status in the Court below.

(3.) The Second Appeal has been admitted on the following substantial question of law;