The complainant is already in possession of the suit property.

The case was taken off at the stage when evidence is filed by the OP 1.

The MA being No. 123/2022 is filed by the complainant and W/O filed by the OP 1.

On the previous date i.e. on 10.08.2022, the Ld. Advocate was directed to file Demand Draft for payment of balance amount as per sale agreement in favour of the OP 1, after which Ld. Commission was to be appointed for execution and registration of sale deed. The Ld. Advocate of the complainant produces a Demand Draft for Rs. 4,04,338/- as balance amount but during hearing of the said MA, the OP 1 is disputing the said balance amount,. Hence, the matter needs to be adjudicated on further evidence and record.

As such the case to be restored back to its original position.

The complainant is directed to file questionnaire touching upon the evidence adduced by the OP 1.

The MA being No. 123/2022 is thus disposed of.

07.12.2022 is fixed for questionnaire by the complainant.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Partha Kumar Basu]
MEMBER