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2020 Supreme(Bom) 316

MANISH PITALE
Chetana Shankar Manapure – Appellant
Versus
Bandu S/o Tanaji Barapatre – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. N.B. Kalwaghe, Advocate
For the Non-Applicant :Mr. S.D. Deoras, Advocate

JUDGMENT :

These two Civil Revision Applications are filed by some of the original defendants against common order dated 01/07/2019, passed by the Court of Civil Judge (Senior Division), Bhandara, whereby two applications filed by them under Order 7 Rule 11 of the Code of Civil Procedure (Exhs.83 and 101), were rejected.

2. The respondent No.1 in both the Revision Applications (original plaintiff) filed a suit for specific performance of contract and permanent injunction bearing Special Civil Suit No.3/2019, before the Court below against the revision applicants in these two Revision Applications and other defendants totaling 29 defendants. The suit properties are agricultural lands in respect of which the respondent No.1 claims to have entered into an agreement for sale and purchase. It is the case of respondent No.1 that an agreement dated 30/06/2016, was executed by original defendant Nos. 3,10, 11 and 19 in favour of respondent No.1, agreeing to sell the property for valuable consideration. It was claimed by respondent No.1 that earnest money of Rs.11,00,000/- by way of four cheques was paid by him to the said original defendant Nos. 3, 10, 11 and 19 and that the agreement was sp

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