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2024 Supreme(Bom) 302

SANDEEP V. MARNE
Keshav Mansing Salunkhe – Appellant
Versus
Nitin Prabhakar Bhagawat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Nikhil Wadikar a/w Ms. Aishwarya Jadhav i/b Mr. Nandu Pawar
For the Respondent: Mr. Prashant L. Rathod

JUDGMENT :

1. This Second Appeal is filed challenging Judgment and Decree dated 30 November 2019 passed by the Adhoc District Judge-1, Satara dismissing the Regular Civil Appeal No.111/2016 and confirming the Judgment and Decree dated 2 March 2016 passed by II Joint Civil Judge Senior Division, Satara in Special Civil Suit No.184 of 2014.

2. Briefly stated, facts of the case, as captured from the plaint, are that Defendant- Nitin Prabhakar Bhagwat is the owner of the Plot bearing No. 18 admeasuring 4658 sq.mtrs out of Survey No.25/1B situated at Village Kasbe Bai, Taluka Wai, District Satara (the suit property). Defendant decided to sell the suit property, Plaintiff approached the Defendant and in February 2012, discussion and negotiations took place between them and they agreed to execute Agreement for Sale. Plaintiff claims that it was agreed that the Sale deed was to be executed after carrying out the measurement and fixation of the boundaries by the Defendant, within 3 months from the date of execution of the Agreement for Sale. The Agreement for Sale was executed on 6 March 2012 and total consideration for the sale transaction was fixed at Rs.7,00,000/-. The Agreement for Sale w

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