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2018 Supreme(Bom) 1902

A.M.DHAVALE
Chhagan Trimbak Lokhande – Appellant
Versus
Dattatraya Krishna Patil – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.R. Warma, Advocate
For the Respondent:Mr. S.S. Choudhari, Advocate holding for Mr. A.A. Mukhedkar, Advocate Mr. Subhodh Shah, Advocate

ORDER :

1. This is an application for condoning delay of 3015 and 3166 days in filing cross objection and for admitting cross objection in Second Appeals 658/2007 and 701/2007.

2. Heard the learned Advocate Mr. Warma for the applicant, Mr. Subdoh Shah, Advocate for Respondent No. 3-original plaintiff and Mr. S.S. Choudhari, Advocate for respondent Nos. 1 and 2.

3. Subhash - respondent No.1 in the Appeal is original plaintiff. He had filed Special Civil Suit No.142/1992 against Kashinath the owner, the appellant in Second Appeal No. 701 of 2007 for specific performance of contract. As per his plaint, Kashinath had agreed to sell the suit land at block No. 18 admeasuring 6858 sq.ft. at Pimpalner, Tal. Sakri to him by agreement to sell dated 23.04.1984 for price of Rs.15/- per sq.ft. He claimed that he had paid Rs.11,000/- as earnest. He was ready and willing to perform his part of contract. Thereafter, defendant No. 3 Chhagan filed Regular Civil Suit 6/1984 against his brother (the plaintiff's vendor) Kashinath, claiming himself to be the exclusive owner of the property. The suit came to be dismissed in default on 08.09.1987. The application for restoration was also dismissed on 13.02.1





















































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