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2017 Supreme(Bom) 2208

G.S.PATEL
BHAT NAGARKAR DEVELOPER – Appellant
Versus
DILIP DHONDIBA GAIKWAD – Respondent


Advocates Appeared:
For the Appellant :S.M. Gorwadkar, Senior Advocate instructed by S. H. Gangal.
For the Respondents: G.S. Godbole instructed by Karan S. Thorat, S.S. Kanetkar.

JUDGMENT :

The Appeal is filed by the original plaintiff against an order and judgment dated 26th February, 2014 on one of two preliminary issues framed under section 9-A of the Code of Civil Procedure 1908 (“CPC”). Before the learned Judge in a suit for specific performance for sale of land, the defendants raised two preliminary issues. The first was of a statutory bar inter alia under the Bombay Tenancy and Agricultural Lands Act, 1948 and the Bombay Inferior Village Vatan Act, 1958. On that issue, the plaintiff succeeded. The defendants have not appealed.

2. The defendants also raised a plea of limitation saying that the suit for specific performance of the Agreement dated 11th November, 2005 was barred by limitation. The Agreement in question is of 11th November, 2005. It pertained to Survey No. 10 Hissa No. 1 of revenue village Wadgaon, Taluka Haveli, District Pune. This is a tract of land of about 56 Ares, just over half a hectare. The plaintiff’s case was that since defendants Nos. 7 and 8 were finding it difficult to develop the land they entered into an Agreement for S
























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