2015 (2) TMI 1407

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.... ORDER Dr. Bharat Bhushan Parsoon, J. A suit for specific performance of contract dated 9.11.2009 filed by plaintiff Smt. Parminder Kaur, petitioner herein, against defendant Shamsher Singh, respondent herein, is pending adjudication before Additional Civil Judge (Senior Division), Moga. During the pendency of said suit, application under Order I Rule 10(2) read with Section 151 CPC for im....

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....ng adjudication. It is urged that the property in dispute was mortgaged by the owner defendant in favour of a Bank against loan taken by him where the defendant became a defaulter and his property was sold by the Debts Recovery Tribunal in the public auction. It was purchased by the applicant. It is claimed that the sale was effected on 30.5.2012 and agreement to sell by the vendor-defendant has b....

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....o right, title or interest therein the property, the matters which are res ipsa loquitur cannot be side-tracked as has been tried to be done by the petitioner-plaintiff and whereas respondent-defendant no.1 has not even appeared despite service and is continuing ex-parte in terms of Order dated 14.1.2014 of this Court. 6. Facts of the case in hand are peculiar. Freshly impleaded defendant-appli....

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....d effective adjudication of the litigation among the parties. Reference in this regard may be made to Satish Kumar Versus Gurdir Singh Ghuman 2001(1) RCR (Civil) 453 (P&H) and Harnam Singh Versus Smt. Gurbachan Kaur and another 1991 Civil Court Cases 820 (P&H). 7. Looking from another angle, applicant-respondent-defendant claims ownership in the suit property even earlier to filing of the suit ....