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2017 Supreme(SC) 1149

A.M.SAPRE, NAVIN SINHA
Balwant Vithal Kadam – Appellant
Versus
Sunil Baburaoi Kadam – Respondent


Advocates Appeared:
For the Appellants :- Naresh Kumar, Adv.
For the Respondents:- Ms. Anagha S. Desai, Venkateswara Rao Anumolu, Advs.

JUDGMENT

Abhay Manohar Sapre, J.

This appeal is filed by the defendants against the final judgment and order dated 24.07.2006 passed by the High Court of Bombay in Second Appeal No. 426 of 2004 whereby the High Court dismissed the second appeal filed by the appellants herein and affirmed the judgment and order dated 03.10.2002 passed by the 8th Additional District Judge, Satara in R.C.A. No.9/1996, which arose out of judgment/decree dated 29.11.1995 passed by the 2nd Joint Civil Judge, Satara in R.C.S. No. 265 of 1989.

2. In order to appreciate the controversy, which lies in a narrow compass, few relevant facts need mention hereinbelow.

3. The appellants are the defendants whereas the respondent is the plaintiff in a suit out of which this appeal arises.

4. The respondent filed a suit being Civil Suit No. 265/89 in the Court of 2nd Joint Civil Judge, Satara against the appellants for specific performance of the two agreements, dated 11.10.1982(Ex.48) and 11.04.1983(Ex.68) to purchase 1/12th share of the appellants in the land which belonged to them situated at Eastern potion of Gat. No.594/1 admeasuring 2 hectares 18 Acre situated at Malegaon Taluka and District Satara(hereinafter refer


























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