FA/18/2023
2023 Latest Caselaw 351 UK

                      Office Notes,
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          Date                                      COURT'S OR JUDGES'S ORDERS
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      06.02.2023                        FA No. 18 of 2023
                                        Hon'ble Alok Kumar Verma, J.

The proposed First Appeal has been filed against the ex-parte judgment and decree dated 21.01.2023, passed by the learned VIIth Additional Senior Civil Judge, Dehradun in Original Suit No. 19/2022, 'Smt. Asha Kothari Vs. Smt. Reeta Singh and Another', by which, the said suit, filed for declaration and for perpetual injunction, has been dismissed.

Heard Mr. I.P. Kohli, learned counsel for the proposed appellant.

Learned counsel for the proposed appellant submitted that the respondent no. 1 is the owner of the suit property. She had executed a deed for agreement to sell the suit property in favour of the proposed appellant-plaintiff. She did not execute the sale deed. Therefore, the plaintiff had filed the said suit.

Learned counsel appearing for the proposed appellant submitted that a simple suit for perpetual injunction without seeking a specific performance of the agreement to sell is maintainable. He seeks one weeks' time to produce the case law.

List on 17.02.2023.

Urgency Application (I.A. No. 1 of 2023) stands disposed of.

                     (Alok Kumar Verma, J.)
                              Vacation Judge
Navin                          06.02.2023