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2004 Supreme(SC) 686

SHIVARAJ V.PATIL, D.M.DHARMADHIKARI
H. P. A. International – Appellant
Versus
Bhagwandas Fateh Chand Daswani – Respondent


Judgment

Dharmadhikari, J.-These two cross appeals have been preferred against common judgment dated 24.4.2001 passed by the Division Bench of the High Court of Madras by which decree of Specific Performance of Contract of Sale of the suit property granted by the learned single judge has been set aside with certain directions to adjust the equities between the parties.

2. The facts of the present case should be an eye opener to functionaries in law courts at all levels that delay more often defeats justice invariably adds complications to the already complicated issues involved in cases coming before them, and makes their duties more onerous by requiring them to adjust rights and equities arising from delay.

3. This introductory comment is occasioned by the fact that against the judgment of the learned single judge passed on 6.9.1988 the appeal was earlier heard by the Division Bench of the High Court on 22.3.1989 but it passed the judgment after a period of about five years on 24.1.1994. It dismissed the appeal and confirmed the decree of Specific Performance of the Contract granted by the single judge.

4. In appeal preferred by the defendants, this Court by order passed on 13.1.2000































































































































































































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