Parmeshwar Sahu vs Bihari
2021 Latest Caselaw 3451 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                                      FA No. 42 of 2021

                     Parmeshwar Sahu & another -Versus- Bihari & others



02/12/2021         Mr. Ravindra Kumar Agrawal along with Mr. Vivek Kumar

             Shrivastava, Advocates for the appellants.


                   Mr. Ravi Kumar Banjare, Advocate for the respondents No. 1 to 3.

Ms. Sareena Khan, Advocate for the respondent No.10.

Mr. Anshuman Shrivastava, P.L. for the State/respondent No.11.

The other respondents No. 4 to 9 though served, but not

represented.

Heard on I.A. No.1 which is an application under Order 39 Rule 1 &

2 R/w. Section 151 of CPC filed by the appellants herein.

Counsel for the appellants submits that their suit for specific

performance has been rejected only on the ground that the agreement

between the parties was not complete and unenforcible.

Counsel for the appellants refers to the judgment of the Hon'ble

Supreme Court in the case of 'ALOKA BOSE v. PARMATMA DEVI &

OTHERS' (2009) 2 SCC 582, wherein the Hon'ble Supreme Court has

taken a view that an agreement which has the signature of the vendor alone would be an enforcible agreement.

Given the said facts and circumstances of the case and the judgment

of the Hon'ble Supreme Court, we are of the considered opinion that strong

case for allowing I.A. No.1 has been made out. Accordingly, I.A. No.1 as of

now stands allowed.

The respondents are restrained from creating any third party interest

on the suit property until further order from this Court.

                    Sd/-                                         Sd/-
              (P. Sam Koshy)                               (Rajani Dubey)
                   Judge                                        Judge




Ved