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2018 Supreme(Bom) 593

MANISH PITALE
Santoshkumar – Appellant
Versus
Ashwin – Respondent


Advocates Appeared:
For the Appellants : R.M. Sharma
For the Respondent: M.P. Khajanchi

JUDGMENT :

1. By these two appeals, the appellants are challenging common judgment and order dated 01/01/2018 passed by the Court of Ad-hoc District Judge-4, Nagpur (appellate court) whereby appeals filed by the respondent have been allowed, consequently, the suit filed by the appellants has been dismissed and the counter claim of the respondent has been allowed.

2. The facts in brief leading to the filing of these two appeals are as follows: The appellants herein filed Summary Civil Suit No. 45 of 2014, before the Court of Civil Judge Senior Division, Nagpur (trial court) for recovery of Rs. 74,37,500/- against the respondent. It was the case of the appellants that they had entered into agreements dated 06/06/1997 with M/s Oswal Developers and Builders, a partnership firm, of which the respondent was a partner, in order to purchase flat nos. 201 and 202, in building known as block A, on plot number 1/A, Hindustan Housing Company Ltd., Wardha Road, Nagpur (the suit property). The appellants further contended that they had paid entire consideration for the said suit property to the respondent. According to them, since the respondent failed to complete construction of the aforesaid fla






















































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