Shyam vs. Shivkumar

Court No. - 53

Case :- SECOND APPEAL No. - 992 of 2019

Appellant :- Shyam Respondent :- Shivkumar Counsel for Appellant :- Awadhesh Kumar Malviya,Ramendra Asthana Counsel for Respondent :- Rafeek Ahmad Khan

Hon'ble Pankaj Bhatia,J.

Sri Vishnu Gupta, learned Senior Advocate assisted by Sri Rafeeq Ahmad Khan, counsel for the respondents prays that the record of the Lower Court be summoned. The Court had confronted the counsel for the plaintiffrespondent on two grounds, firstly whether there was any evidence on record to justify that the plaintiff had the requisite funds for getting the specific performance of the agreement to sell and secondly whether the Court has erred in not considering the question whether it was an automatic exercise of jurisdiction to decree the suit for specific performance without there being any consideration with regard to the other factors as is mandate of Section 20 of the Specific Relief Act. The Court is not framing substantial question of law at this stage and the

same shall be done after the records are received.

Notice has been accepted by Sri Rafiq Ahmad Khan on behalf of respondent, he may file reply within a period of four weeks. Summon the Lower Court record.

Office is directed to take notice for summoning the lower Court record expeditiously.

List the matter on 11.2.2020 before the appropriate Court.

Until further orders of this Court, the affect and operation of the judgment and decree dated 29.7.2019 passed by District Judge, Mahoba in Civil Appeal No.18 of 2019 (Shyam Vs. Shiv Kumar) arising out of Original Suit No.128 of 2016, shall remain stayed.

Order Date :- 28.11.2019 Hasnain