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2016 Supreme(Bom) 1850

R.D.DHANUKA
Manohar Pamandas Jani – Appellant
Versus
Madhukar Trimbak Waychal – Respondent


Advocates Appeared:
For the Appellants : Mr. S.K. Shinde, Ms. Tanya Goswami and Mr. Sudam Kale.
For the Respondents: Ms. Shruti Tulpule and Mr. Girish Godbole.

JUDGMENT :

R.D. Dhanuka, J.

1. By this appeal filed under Section 100 of the Code of Civil Procedure, 1908, the appellant (original plaintiff) has impugned the judgment and decree dated 5th August 2015 passed by the learned District Judge-5, Solapur dismissing the Regular Civil Appeal No. 299 of 2014 and upholding the judgment and decree dated 22nd January 2014 passed by the Civil Judge, Senior Division, Solapur dismissing the Regular Civil Suit No. 663 of 2012 filed by the appellant herein inter-alia praying for specific performance of an agreement to sale dated 17th October 1995. The parties are described as per their original status in the suit before the trial Court. Some of the relevant facts for the purpose of deciding this second appeal are as under:-

2. It was the case of the plaintiff that the defendant no. 1 was indebted to the Bank of India and was in need of money and thus decided to sell his immovable property bearing Gat No. 55 to the extent of 11529 sq. mtrs and the land admeasuring 8839 sq. mtrs. out of Gat No. 53/6/2 for total consideration of Rs. 7,50,000/- i.e. Rs.1,50,000/- per acre and a shed existing in Gat No. 53/6/2 for Rs. 50,000/-. It was the case of the plai































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