(1.) This appeal is directed against the judgment and decree dt. 17.04.2017 passed by the Additional District Judge No.10, Jaipur Metropolitan, Jaipur titled as Shri Tara Chand Sancheti Vs. Smt. Sajjan Devi Banthia whereby suit for specific performance filed by the original plaintiff Mr. Tara Chand Sancheti has been decreed.
(2.) On 31.05.2017, counsel for the respondent-plaintiff No.1/1 and 1/2 insisted that the original suit pertains to the year 1985 and the Trial Court's record is already available in this Court, the original plaintiff Mr. Tara Chand Sancheti and the defendant Smt. Sajjan Devi had already expired during the course of trial of the suit, the appellant who was defendant No.10 in the suit and plaintiff No.1/1 and 1/2 are the only contesting party and other respondents are proforma respondents, so in the interest of justice, the appeal may be finally heard at the admission stage itself. Counsel for the appellant had no objection on such course being adopted, hence the appeal was posted for final disposal.
(3.) Inspite of service upon respondent Nos.2/1 to 8, who had remained ex-parte in the suit, they have chosen not to appear before this court also. However, respondent Nos.9 & 10 are duly represented by Mr. Mukesh Saini Advocate. Accordingly with the consent of the counsel for the parties, the appeal is heard finally.
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