AJNUR ALI Vs. SADEK ALI (MD.) AND ORS.
HIGH COURT OF GAUHATI
Sadek Ali (Md.) And Ors.
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(1.) Heard Mr. MK Sharma, learned counsel for the petitioner. Also heard Mr. AC Sarma, learned senior counsel, appearing for the respondent.
(2.) By this application under Article 227 of the Constitution of India read with Section 115 CPC, the petitioner assails the order dated 19.09.2017 passed by the learned Civil Judge No.1, Kamrup (Metro) at Guwahati in Petition No.246/2016, which was filed by the petitioner under Section 47 CPC.
(3.) The petitioner filed a title suit being Title Suit No.206/2009 in the Court of the learned Civil Judge No.1, Kamrup (Metro) at Guwahati praying for a decree (i) for specific performance of contract by execution of a registered sale deed of Schedule-B land to the plaintiff by receiving proportionate balance consideration of Rs. 3,00,000/- and/or execution of registered sale deed of Schedule-A land to the plaintiff and proforma defendant Nos.9 and 10, if the proforma defendants are also interested for specific performance of contract dated 19.03.2007, (ii) to execute registered sale deed by the Court in favour of the plaintiff on failure of the defendant No.1 to execute sale deed and to issue precept to the revenue authorities for such registration and correction of records of right, (iii) for permanent injunction restraining the defendant No.1 and his men, heirs, attorneys, assigns, administrators, executers etc. from transferring/alienating any part of the suit land of Schedule-B and restraining them from entering into the suit land of Schedule-B, (iv) for cost of the suit in favour of the plaintiff, etc. The plaintiff, alternatively, had prayed for refund of Rs. 30,00,000/- along with interest thereon at the prevailing rate from 19.03.2007 till final disbursement of the decreetal amount.;
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