- (1.) Leave to Appeal Application No. 2 of 2019. Heard Sri Swapnil Kumar, learned counsel for the applicant- appellant and Sri H.N. Singh, learned Senior Advocate assisted by Sri Prashant Shukla, learned counsel appearing for the plaintiff-respondent.
(2.) The contention of the learned counsel for the applicant- appellant is that the appellant is a subsequent purchaser of the property in dispute in respect of which, Original Suit No. 639 of 1992 ( Surya Nagar Cooperative Housing Society Limited Vs. Smt. Harbheji and others) was filed for specific performance of agreement to sell dated 6.8.1987 in the Court of Civil Judge (Senior Division), Agra. During the pendency of the suit, the defendant, Smt. Harbheji transferred her share in the property in dispute by means of a registered sale deed dated 11.1.2008 in favour of the applicant-appellant. The aforesaid suit was dismissed on 25.11.2013. However, it is alleged that the defendant-respondent lost interest in litigation after selling the property to the applicant-appellant and so the Civil Appeal No. 14 of 2014 filed by the plaintiff-respondent was not properly contested and, therefore, the appeal came to be allowed on 17.5.2019 and a decree of specific performance was passed.
(3.) It is contended that the defendant-respondent has lost interest with regard to her share in the property which was sold to the applicant-appellant and she does not intend to file an appeal against the aforesaid judgement of the lower appellate court and since the right of the applicant-appellant would be prejudicially affected for want of challenge to the aforesaid judgement and decree passed by the lower appellate court, this second appeal is being filed along with the aforesaid application seeking leave to appeal.;