PANKAJ BHANDARI,J. - (1.) Petitioner has preferred this writ petition aggrieved by order dated 18.02.2015 passed by Additional District Judge No. 2 Udaipur vide which application filed by the plaintiff-respondent under Order 6, Rule 16 has been allowed.
(2.) It is contended by counsel for the defendant-petitioner that a suit for specific performance was filed by the plaintiff. In June 1988, seeking to enforce an agreement to sale dated 17.10.1985. The defendant petitioner purchased the suit property vide sale deeds dated 04.05.1987, 13.05.1987 and 18.05.1987. There was no relief for cancellation of the sale deeds.
(3.) It is contended by counsel for the petitioner that the court below while allowing the application has placed reliance on 1995 DNJ Supreme Court 59, Jugraj Singh and Anr. v. Labh Singh and Ors. which was overruled by the Supreme Court in Ram Awadh and Ors. v. Achhaibar Dubey and Anr. 2000 WLC (SC) Civil, Page 181 . It is contended that the Supreme court in Azhar Sultana v. B. Rajamani and Ors. 2009(2) Civil Court Cases 1 (SC) has also followed the decision as laid down in Ram Awadh's case (Supra).;