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2023 Supreme(Bom) 1698

SHARMILA U. DESHMUKH
Nandu Maruti Pol – Appellant
Versus
Satishkumar Satyanarayan Agarwal – Respondent


Advocates appeared:
Atul Damle, Advocate, Sushil Inamdar, Advocate, Drupad S. Patil, Advocate

JUDGMENT/ORDER

SHARMILA U.DESHMUKH, J. - The Petition takes exception to the order dtd. 21/6/2012 passed by the Additional Judge, Small Causes Court and Joint Civil Judge, Senior Division, Pune below application Exhibit-"10' and Exhibit-"16' in Special Darkhast No. 170 of 2007 allowing the application below Exhibit-"10' and rejecting the application below Exhibit -"16'. During the pendency of the Petition, the Respondent Decree holder expired and his legal heirs were brought on record.

2. The facts of the case stated briefly are that the Respondent(now deceased) had filed Special Civil Suit No. 1922 of 1995 inter alia seeking specific performance of agreement for sale dtd. 20/2/1989 in respect of property bearing Gat No. 1051 admeasuring 0H 53Rs situated at Village Markal, District- Pune. Vide judgment and decree dtd. 14/9/2004 the suit came be decreed as under:

<WXY>Order

1. Suit is decreed with cost.

2. The plaintiff is entitled for specific performance of contract on depositing balance consideration amount within one month from the date of this order.

3. The defendant no. 1 and 2 are directed to execute a registered sale deed of the suit land, and hand over physical possession of the

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