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2016 Supreme(Bom) 331

A.B.CHAUDHARI
C. Padmawati Naidu – Appellant
Versus
Friends Cooperative Housing Society Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. V.V. Bhangde, for the appellants
Mr. K.H. Deshpande, Mr. S.M. Patrikar, Akshay Sudame, for respondent no.1
Mrs. Geeta Tiwari AGP for respondent no.3

JUDGMENT :

1. Being aggrieved by the judgment and decree dated 04.10.2011 in Civil Appeal No. 307/1999 passed by the learned District Judge-9, Nagpur, arising out of the judgment and decree dated 21.04.1999 in Special Civil Suit No. 564/1985 passed by 4th Joint Civil Judge, Senior Division, Nagpur, the present Second Appeal has been preferred by the original defendants.

2. The Appeal has been taken up for final hearing as almost all the appellants are senior citizens and the litigation commenced in the year 1985, on the motion made by the counsel for the parties.

3. The respondent no.1/plaintiff brought a suit for specific performance of contract and for possession, stating that an agreement was executed for the purchase of the suit property by the plaintiff on 30.1.1975 for a consideration of Rs. 25,000/- per acre and on the date of agreement by way of earnest, an amount of Rs. 6,000/- was paid. The sale deed was to be executed within a period of two years i.e. on or before 30.1.1977. The plaintiff was ready and willing to obtain the sale deed but, in the interregnum, with effect
















































































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