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1982 Supreme(Bom) 154

D.M.REGE
Hindurao Annasaheb Patil (since deceased by his heirs) & others – Appellant
Versus
Yeshwant Laxman Yadav – Respondent


JUDGMENT - D.M. REGE, J.:--- This second appeal by the heirs of a deceased decree-holder is against the order of the learned District Judge, Sangli, dated 12-3-1980 dismissing the appeal against the order of the learned Civil Judge, Islampur, dated 13-9-1979 dismissing the decree-holders Darkhast No. 39 (Ex. 23) for condoning the delay in depositing the amount in time under a decree for specific performance made in his favour in his suit being suit No. 210 of 1960 for specific performance of agreement for sale of S. No. 273, village Bavachi, District Sangli, by the defendant in his favour.

2. The plaintiff-decree-holder had filed the said against the respondent/defendant for specific performance of an agreement for sale of the suit land. On 15-1-1969 the Civil Court decreed the suit in plaintiff's favour, directing the plaintiff to deposit an amount of Rs. 1,500/- in Court within a period of one month from the date of the decree and order the judgement-debtor-defendant to excuse the sale-deed on the decree-holder-plaintiff making such deposit. In pursuance of the direction the plaintiff deposited the amount of Rs. 1,500/- in Court on 10-2-1969. The Judgment-debtor however preferred


































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