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2013 Supreme(Bom) 2663

R.M.BORDE, SUNIL P.DESHMUKH
Shaikh Eliyas – Appellant
Versus
Ganpat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pramod C. Mayure
For the Respondent: A.S. Shelke

JUDGMENT :

Sunil P. Deshmukh, J.

Present Letters Patent Appeal takes exception to the order passed by Hon'ble learned Single Judge on 15-10-2012 in Writ Petition No. 2290 of 2012, whereunder the appellants-plaintiffs' challenge to the rejection, of their application (Exh. 29) for amendment in Regular Civil Suit No. 916 of 2008, vide order dated 2-2-2012 on the file of the 17th Joint Civil Judge, Junior Division, Aurangabad, has failed.

2. Facts canvassed leading to the Letters Patent Appeal are worthwhile to be briefly referred to as, The appellants who are plaintiffs in said R.C.S. No. 916 of 2008, had entered into an agreement of purchase, with the respondent-original defendant in respect of plot of land bearing No. 83, CTS No. 12369, admeasuring 285 square meter, situated at Bassaye Nagar, Aurangabad for a total consideration of Rs. 30,00,000/-, on 4-7-2008 under a notarized document.

3. The plaintiffs had paid to the respondent, Rs. 1,00,000/- in cash and another lakh by drawing a cheque bearing No. 626688 on Vijaya Bank. Out of the total consideration of Rs. 30,00,000/-, balance amount of Rs. 28,00,000/- was agreed to be paid on or before 3-11-2008 by which date registration of th


















































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