WPMS/328/2023
2023 Latest Caselaw 357 UK

                      Office Notes,
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      07.02.2023                        WPMS No. 328 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. Dharmendra Barthwal, learned counsel for the petitioner-defendant.

Mr. Dharmendra Barthwal, Advocate submitted that the petitioner is the owner of the suit property. On 14.10.2014, an agreement was entered into between the petitioner and the respondent-plaintiff for sale of the suit property.

The respondent filed an Original Suit (No. 72 of 2020) against the petitioner for perpetual injunction. In the said suit, an amendment application was filed by the respondent-plaintiff to add the relief of specific performance of the said agreement. The said application has been allowed by the impugned order dated 31.01.2023. Aggrieved by the said order, passed by IVth Additional Civil Judge, Dehradun in 'Bahadur Singh Vs. Pushpa', the present writ petition.

Mr. Dharmendra Barthwal, Advocate submitted that according to the plaint itself, the name of the petitioner-defendant had been recorded in the revenue records. He further submitted that the said relief of specific performance of the agreement dated 14.10.2014 is barred by limitation. In support of the said submission, Mr. Barthwal has relied upon a judgment of the Hon'ble Supreme Court in T.L. Muddukrishana and Another Vs. Lalitha Ramchandra Rao (SMT), (1997) 2 SCC 611.

Issue notice to the respondent. Steps to be taken within a week.

List on 31.03.2023.

Till then, the effect and operation of the impugned order dated 31.01.2023 are stayed.

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

                       (Alok Kumar Verma, J.)
                              Vacation Judge
Navin                          07.02.2023