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2018 Supreme(Bom) 418

M.S.SONAK
Aniket Anant Lale – Appellant
Versus
Prakash Balu Lale – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: P.M. Arjunwadkar
For the Respondents: Surel Shah

JUDGMENT :

1. Heard Mr. Arjunwadkar, the learned counsel for the petitioners and Mr. Shah, the learned counsel for Respondent Nos.1 to 4.

2. Mr. Shah submits that he has already filed Vakalatnama for Respondent Nos. 1, 2 and 3 and he will file Vakalatnama for Respondent No. 4 within a period of one week from today.

3. The petitioners are legal representatives of Mr. Anant Lale, who was admittedly a judgment debtor under the decree in RCS No. 319 of 2000 instituted by late Balu Bhuji Lale. The Respondent Nos. 1 to 3, represented by Mr. Shah, are the legal representatives of late Balu Bhuji Lale, the decree-holders in RCS No. 319 of 2000.

4. Balu Bhuji Lale had instituted RCS No. 319 of 2000 to seek decree of specific performance as well as cancellation of sale deed in favour of Mr. Anant Lale, a subsequent purchaser of the suit property. The trial court partly decreed the suit by declining the relief of specific performance but awarding compensation/damages. The first appellate court however reversed the decree, granted specific performance and cancelled the sale deed in favour of Mr. Anant Lale. The second appeal and the special leave petition instituted by Anant Lale came to be dismis

































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