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2015 Supreme(Bom) 1356

A.P.BHANGALE
Sahebrao Pundlikrao Vidhale – Appellant
Versus
Harishkumar Hanumandas Malpani – Respondent


Advocates:
Advocate Appeared:
Mr. V.A. Kothale, Adv. for the Appellants.
Mr. R.L. Khapre, Adv. for the Respondent.

Judgment

1. This Second Appeal is preferred against the Judgment and decree passed in Regular Civil Appeal No. 312 of 2000 by the learned Principal District Judge, Amravati on 4.8.2014 whereby the Judgment and decree passed by Joint Civil Judge (Sr. Dn.), Amravati for specific performance of agreement to sell in Special Civil Suit No.136 of 1987 was confirmed.

2. The brief facts are as under :

Original plaintiff (respondent) had instituted Special Civil Suit No.136 of 1987 against the present appellants (original defendants) on the ground that the first defendant for himself and on behalf of defendant nos. 2 to 4 had purchased the immovable property known as Old Milan Hotel building, Opposite Government Polytechnic Compound, Gadge Nagar and undertook construction of Shopping Complex of 60 ft. x 66 ft. of field bearing Survey No. 28, mouza Shegaon, Pragane Nandgaonpeth, Tq. And Distt. Amravati. Construction was of five shops and one room, out of which one shop premises admeasuring 10 ft. x 17 ft. was agreed to be sold by defendant no.1 for himself and other defendant nos. 2 to 4 to the plaintiff for a consideration of Rs.77,000/-. Earnest amount in the sum of Rs.50,000/- was paid by th















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