SATISH Vs. KANWAR BHAN

JUDGEMENT

(1.) This order shall dispose of the two cases mentioned above, arising out of the same matter between the same parties.

(2.) Although arguments in these matters were heard along with RSA N: 2191-2017 titled 'Ramesh etc. vs Smt. Laxmi etc/, but it is noticed by this court that suit property involved In RSA 6062-2018 and RSA 2191-2017 are different. Even the issue involved in the two appeals is different. Not only this, appellant of RSA 6062-2018 namely Satish is neither a party to the other appeal nor he has any concern with the subject matter of property involved in RSA 2191-2017. As such, RSA 2191-2017 is being disposed of separately.

(3.) Present regular second appeal is directed by the plaintiff of the suit against the judgment and decree dtd. 31/5/2018 of the First Appellate Court of learned Addl. District Judge, Sonepat, affirming the judgment and decree dtd. 30/11/2016 of the trial Court, whereby suit filed by the plaintiff (appellant herein) seeking decree for possession of the suit property by way of specific performance of an agreement to sell, was partly decreed by ordering refunding of the earnest money, but declining the relief of specific performance.