Unknown vs Sajid Ali"
2022 Latest Caselaw 3302 UK

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      12.10.2022                        SA No.129 of 2022
                                        Hon'ble Alok Kumar Verma, J.

Present proposed Second Appeal is filed against the judgment and decree dated 21.09.2022, passed by the learned 3rd Additional District Judge, Haridwar in Civil Appeal No.62 of 2017, "Ashraf (deceased) through legal representatives vs. Sajid Ali", by which, the said First Appeal has been dismissed. The First Appeal was filed against the judgment and decree dated 17.11.2017, passed by the learned Civil Judge (Senior Division), Haridwar in Original Suit No.336 of 2007, "Sajid Ali vs. Ashraf (deceased) through legal representatives", whereby, the suit for specific performance of agreement to sell was decreed.

Heard Mr. Siddhartha Singh, learned counsel for the proposed appellants.

On the one hand, the case of the appellants is that the agreement-in- question dated 07.08.2006 is a forged document, while on the other hand, the appellants submitted that the respondent- plaintiff was not willing to perform his obligation.

In the said circumstances, it would be appropriate to examine the oral evidence, adduced by the parties before the trial court, even before passing any order on the admission.

The learned counsel for the proposed appellants requested two weeks' time to file copies of the oral evidence of the parties.

List this case on 03.11.2022 after fresh.

Mr. Siddhartha Singh, the learned counsel for the proposed appellants submitted that Execution Case No.21 of 2019 is fixed for today. In case, the proposed appellants-defendants move an application for adjournment before the Executing Court, the Executing Court shall consider the same till 03.11.2022 only.

(Alok Kumar Verma, J.) 12.10.2022

JKJ/Pant