Farukh Khan v. Ramanand Manjhi

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MA No. 36 of 2018 Farukh Khan S/o Late Tahir Khan Aged About 45 Years R/o Ward No.43, New Market Station Maroda, Tehsil & District Durg, Chhattisgarh (Plaintiff). --- Appellant

Versus

Ramanand Manjhi S/o Late Madina Aged About 69 Years R/o Village Chandra Nagar, Plot No.142, Near Pani Tanki, Umarpoti, Post Purai, Tehsil & District Durg, Chhattisgarh (Defendant). --- Respondent 27.09.2018 Mr. Shrawan Agrawal, counsel for the petitioner. Mr. B. P.Singh, Advocate appears for the respondent. This appeal is against the order dated 03.04.2018 passed by the II Addl. District Judge, Durg in Civil Suit No.47-A/2017. Learned counsel for the appellant submits that the suit for specific performance was filed against the respondent for purchase of a land/house situated at village Umarpoti, plot No.142 comprised of Khasra No.781/11 area 0.010 hectares admeasuring 1560 square feet. It is submitted that out of sale consideration of Rs. 15,25,000/-, Rs.5 lakhs was paid in advance and the suit for specific performance is pending.

Learned counsel for the appellant further submits that if the sale is made in respect of the suit house, it will lead to multiplicity of proceedings and the plaintiff may suffer irreparable loss. Learned counsel for the respondent submits that at present, there is no plan to create third party interest.

to avoid multiplicity of proceedings. It is further made clear that this Court has not expressed any opinion on the merits of the case and the trial Court shall be free to arrive at a finding after evaluating the evidence led by the parties.

With the above observations, this petition stands finally disposed of.

Sd/- GOUTAM BHADURI JUDGE R a o