LAWS(JHAR)-2015-12-25

SHAMBHU SHARAN SINGH Vs. SMT. SUSHMA BALIASE

Decided On December 03, 2015
Shambhu Sharan Singh Appellant
V/S
Smt. Sushma Baliase Respondents

JUDGEMENT

(1.) Inspite of service of notice through publication, the respondent no. 2 has not appeared in the present proceeding. The respondent no. 1 is represented through Mr. Prashant Pallav, Advocate.

(2.) Aggrieved by order dated 02.08.2012 in Title Suit No. 24 of 2007 whereby, application under Order 1, Rule 10 CPC seeking impleadment of the petitioners in the suit has been rejected, the present writ petition has been filed.

(3.) Title Suit No. 24 of 2007 was instituted by the respondent no. 1 for specific performance of contract with respondent no.2. The suit was instituted on 21.02.2007. The petitioners claim purchase of the suit land through registered sale-deed dated 08.03.2008. The petitioners made payment to the defendant through demand draft dated 09.02.2007, 10.02.2007 and 14.02.2007. The suit property is comprised in Plot No. 560 appertaining to J.B. No. 3042. The petitioners claim possession over the suit property.