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2020 Supreme(Bom) 491

RAVINDRA V.GHUGE
Ruprao – Appellant
Versus
Shewalkars Herbals Pvt. Ltd. – Respondent


Advocates Appeared:
A.M. Jaltare, Advocate, Shyam Dewani, Advocate

JUDGMENT

Ravindra V Ghuge, J. - Rule. Rule returnable forthwith and heard finally by the consent of the parties.

2. The petitioner judgment debtor is aggrieved by the order dated 11.7.2016 by which, the Executing Court has allowed application Exh.3 in Special Darkhast No.36/2015 and the decree holder was granted permission to deposit the balance consideration amount of Rs.5,01,000/- in the Court and since the amount was already deposited by D.D. No.072429, on 13.3.2015, the application was disposed off.

3. The factual matrix of this case is that the petitioner judgment debtor had entered into an agreement to sell an agricultural land bearing Kh. No.52, admeasuring 3.64 Hectors, on 2.5.2000, to the respondents for a consideration of Rs.7,51,000/-. As the sale deed was not executed, the decree holder preferred S.C.S. No.386/2005 seeking specific performance of the contract, possession of the suit land and an injunction against the defendant. By judgment dated 12.11.2008, the suit was decreed and the decree holder was directed to deposit the balance amount of Rs.5,01,000/- within 30 days from the date of the order and the judgment debtor was directed to execute the sale deed.

4. On 15.

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