Rajendra Prasad Singla vs Messers G.A. Oil Misss
2023 Latest Caselaw 11762 MP

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                               IN THE HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                      BEFORE

                                  HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA

                                            FIRST APPEAL No. 1166 of 2012

                          BETWEEN:-
                          1.   RAJENDRA PRASAD SINGLA (DEAD)
                               THROUGH HIS LEGAL REPRESENTATIVES
                               SMT. KAILASH SINGLA W/O. LATE SHRI
                               RAJENDRA PRASAD SINGLA, AGED 56
                               YEARS.

                          2.   SHRI AMIT SINGLA S/O. LATE SHRI
                               RAJENDRA PRASAD SINGLA, AGED 32
                               YEARS.

                          3.   SHRI SUMIT SINGLA S/O. LATE SHRI
                               RAJENDRA PRASAD SINGLA, AGED 28
                               YEARS.

                          4.   SMT. RUBY BANSAL D/O. LATE SHRI
                               RAJENDRA PRASAD SINGLA, W/O. SHRI
                               RAJEEV BANSAL, AGED ABOUT 37 YEARS,
                               R/O. C/O. M/S. BANSAL TRADEERS, NAVIN
                               MANDI STHAL, ETAH (UP).

                          5.   SMT. BARKHA BANSAL D/O. LATE SHRI
                               RAJENDRA PRASAD SINGLA, W/O. SHRI
                               NISHANT BANSAL, AGED ABOUT 30 YEARS,
                               R/O. 8-9, RAGHUNATH NAGAR, M.G. ROAD,
                               AGRA (UP).

                          6.   SMT. SEEMA BANSAL D/O. LATE SHRI
                               RAJENDRA PRASAD SINGLA, W/O. SHRI
                               ALOK BANSAL, AGED ABOUT 35 YEARS,
                               R/O. C-17, SUN CITY, NEAR NEW PALACE,
                               KOLHAPUR (MAHARSTRA)

                          7.   SMT. RITU GUPTA, D/O. LATE SHRI
                               RAJENDRA PRASAD SINGLA, W/O. SHRI
                               KAILASH CHANDRA GUPTA, AGED ABOUT
                               36 YEARS, R/O. M.R. 10, SCHEME NO. 54,




Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 7/26/2023
5:59:49 PM
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                                 BEHIND VIJAY NAGAR, POLICE STATION
                                 INDORE (MADHYA PRADESH)




                                                                                                               .....APPELLANTS

                          (SHRI DEEPESH JOSHI - ADVOCATE FOR LRs. OF APPELLANT NO.1 )

                          AND

                          1.     M/S. G. A. OIL MILLS THROUGH PARTNERS
                                 :- KAILASH CHAND AGRAWAL S/O. LATE
                                 SHRI GULAB CHANDRA AGRAWAL, R/O.
                                 188, JINSI CHORAHA, PUL BAGODA,
                                 JAHANGIRABAD,       BHOPAL    (MADHYA
                                 PRADESH).
                          2      SUNIL AGRAWAL S/O. SHRI KAILASH
                                 CHANDRA AGRAWAL, R/O. 188, JINSI
                                 CHORAHA, PUL BOGDA, JAHAGIRABAD,
                                 BHOPAL (MADHYA PRADESH).

                          3      PAWAN KUMAR AGRAWAL S/O. SHRI
                                 KAILASH CHANDRA AGRAWAL, R/O. E-1/50,
                                 ARERA COLONY, BHOPAL (MADHYA
                                 PRADESH)


                                                                                                             .....RESPONDENTS
                          (SHRI SATISH AGRAWAL - ADVOCATE FOR RESPONDENT NO. 2 AND SHRI
                          SANJAY AGRAWAL - SENIOR ADVOCATE WITH SHRI PRAFULLA SHARMA-
                          ADVOCATE FOR RESPONDENT NO. 3)

                          ------------------------------------------------------------------------------------------------

                          Reserved on          : 18-07-2023

                          Pronounced on : 26 -07-2023

                          ------------------------------------------------------------------------------------------------




Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 7/26/2023
5:59:49 PM
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                                 This appeal having been heard and reserved for order, coming on for
                          pronouncement this day, the court pronounced the following:
                                                             JUDGMENT

The instant first appeal has been preferred by the plaintiff through his legal representatives being aggrieved by the impugned judgment and decree dated 31st October, 2012 passed in Regular Civil Suit No.265-A/2008, whereby the plaintiff's suit has been decreed holding that the plaintiff is entitled for relief of specific performance of contract dated 30.-9.2006 Ex.P/1 only to the extent of 1,10,500 sq. ft. of land or of the land which may be available on the spot measuring 1,10,250 sq. ft. as described in the agreement to sale Ex.P/1 and in para 2 of the plaint.

2. This Court in connected appeal bearing FA No.1133/2012 which has also been preferred, being aggrieved by the same impugned judgment and decree dated 31st October, 2012 passed in Regular Civil Suit No.265-A/2008, has passed a detailed judgment. In the light of the detailed judgment passed in connected first appeal no.1133/2012, this appeal deserves to be and is hereby dismissed.

(ARUN KUMAR SHARMA) JUDGE JP/-

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 7/26/2023 5:59:49 PM