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2018 Supreme(Bom) 2693

A.M.DHAVALE
Dnyanoba Pandurang Gavali, Since Deceased Through Heirs Shankar Dnyanoba Gavali – Appellant
Versus
Vithal Pandurang Shedge, Since Deceased Through Heirs Hanumant Vithal Shedge – Respondent


Advocates Appeared:
V.S. Talkute, Adv., Dilip Bodake, Adv.

JUDGMENT

A.M. Dhavale, J. - The aggrieved original defendant has filed this second appeal to challenge the concurrent findings against him. Regular Civil Suit No. 249 of 1982 filed by the respondents herein against the appellants was decreed by judgment dated 15th March, 1990 by First Joint Civil Judge Junior Division, Satara and decree for specific performance of re-conveyance deed, for possession and mesne profit was passed. The same was confirmed by Additional District Judge, Satara in Regular Civil Appeal No. 188 of 1990 by judgment dated 10th April, 1997.

2. Heard learned advocate Shri. V.S. Talkute for the appellants and Shri Dilip Bodake for the Respondents. In order to decide this appeal, the material facts are essential:

    i) Land at Survey No. 60, Hissa No. 10/B plus Hissa No.10/A at Angapur Tarf-Targaon, Taluka and District Satara admeasuring 1 Acre 37 Guntha bearing Gat No. 491 admeasuring 79-R is the subject matter of the suit and is more particularly described in para 1 of the plaint. Admittedly, the land was belonging to the plaintiff. On 24/01/1963 he has purportedly executed Sale Deed Exh. 26 and thereby sold the suit land to the defendant for consideration of Rs.4,00

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