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2007 Supreme(Bom) 1103

R.M.S.KHANDEPARKAR, D.Y.CHANDRACHUD
Tejbai Tejshi Dedhia – Appellant
Versus
Central Bank of India – Respondent


JUDGMENT :

R.M.S.KHANDEPARKAR, J

1. This appeal arises from the judgment dated 10th February, 1998 passed by the learned Single Judge in Suit No.297 of 1976 whereby the suit has been decreed in favour of respondent No.1 against the appellants herein in terms of prayer clauses (a), (b), (b)(ii) and (c) with costs. The judgment also requires the premises in occupation of the Court Receiver to be handed over to the Respondent-Bank in pursuance of a decree. The reliefs granted under the said decree include declaration that the Agreement dated 3rd May, 1973 Exhibit ‘A’ to the plaint to be valid and subsisting, direction to the appellants to hand over possession of the premises mentioned in Clause 6(i) of the said Agreement and to do all such things as may be necessary and to execute all such deeds, writings and papers as may be necessary to effectively carry out the said Agreement and further to pay to the respondent No.1 Rs.2,500/- per month from the date of the suit till possession of the premises is handed over to them and further direction to the respondent Nos.2 and 3 to endeavour to give effect to the said agreement.

2. The appellants are the owners of the plot of land bearing No.1










































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