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2018 Supreme(Bom) 2213

K.K.TATED, SARANG V.KOTWAL
Shree Chaitanya Constructions – Appellant
Versus
Poonamchand Dalichand Parakh – Respondent


Advocates Appeared:
Mr. P.K. Dhakephalkar and Sr. Counsel with Mr. Makarand D. Adkar i/b Mr. S.R. Ganbavle, Advocates, for the Appellant; Mr. P.S. Dani, Sr. Counsel i/b Mr. Mandar Soman, Advocate, for the Respondent No. 5; Mr. Vinit Jain, Advocate, for the Respondent Nos. 1, 2 and 4

JUDGMENT

K. K. Tated, J. - Heard the learned counsel for the parties.

2. By this First Appeal, plaintiff is challenging the the judgment and decree dated 7. 11. 2012 passed by Civil Judge, Senior Division, Pune in Special Civil Suit No. 2080 of 2010 rejecting plaintiff''s claim for specific performance of Memorandum of Understanding dated 23. 9. 2007 and handing over possession of suit land to them.

3. For the sake of convenience, the nomenclature of the parties as is stated in the plaint will be referred to hereinafter with the appellant as original plaintiff and respondents as original defendants.

4. The plaintiff entered into Memorandum of Understanding dated 23. 9. 2007 with the defendants for purchase of the property as described in Schedule to the said Memorandum of Understanding which reads thus :

    "THE SCHEDULE I ABOVE REFERRED TO :

      All that piece and parcel of land or ground admeasuring 130000 sq. fts. Bearing Gat No. 678 situate, lying and being at Village Velu within the Registration Sub-District of Taluka Bhor, District Pune and within the limits of the Gram Panchayat

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