Prakash Chand S/O Kamal Singh vs Ramdayal S/O Dharma
2022 Latest Caselaw 3046 Raj/2

                                               HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                           BENCH AT JAIPUR

                                                  S.B. Civil Second Appeal No. 201/2021

                                    Prakash Chand S/o Kamal Singh
                                                                                                      ----Appellant
                                                                       Versus
                                    Ramdayal S/o Dharma
                                                                                                    ----Respondent

For Appellant(s) : Mr. R.S. Bhardwaj For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

11/04/2022

This second appeal has been filed by appellant-plaintiffs,

assailing judgment and decree dated 23.07.2015 passed by Senior

Civil Judge, Weir, District Bharatpur in suit No.204/2010 whereby

suit for specific performance and permanent injunction has been

dismissed, which has been affirmed by dismissing first appeal

No.01/2021 vide judgment dated 04.09.2021 passed by Additional

District Judge, Weir, District Bharatpur.

Counsel for appellants submits that agreement to sale dated

29.05.1982 was found proved, however on the ground of

limitation and delay, the prayer for specific performance was

declined and simultaneously, the prayer for refund of advance sale

amount was also rejected.

Issue notice to respondents on appeal as also on stay

application.

Record of both Courts below be summoned.

(SUDESH BANSAL),J

NITIN /14

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