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2021 Supreme(Guj) 243

VAIBHAVI D.NANAVATI
PANKAJKUMAR VANECHAND MEGHANI – Appellant
Versus
MAJUMDAR AND ASSOCIATES, A. PARTNERSHIP FIRM – Respondent


Advocates Appeared:
For the Appellant : MR DHAVAL D VYAS
For the Respondent: MR AMAR N BHATT, MR AS VAKIL MR KUNAL P VAISHNAV

JUDGMENT :

1. The appellants have filed present Second Appeal under Section 100 of the Civil Procedure Code, 1908 challenging the common judgment and decree dated 18.11.2019 passed by the 8th Additional District Judge, Surat in Appeal Nos. 82, 83 and 84 of 2006, in so far as the impugned judgment is passed in Regular Civil Appeal No.82 of 2006 of the present Appellants. By the impugned judgment, the Appellate Court has partly allowed the Appellants' Regular Civil Appeal No.82 of 2006 and has directed the respondents defendants to pay an amount of Rs.1,20,000/along with interest at the rate of 12% per annum from the date of filing of the Suit till realisation. By the impugned judgment, the Appellate Court has granted the appellants plaintiffs' alternative prayer of seeking refund of Rs.11,000/towards earnest money plus a sum of Rs,1,09,999/towards compensation totaling to Rs.1,20,000/. By the present Second Appeal, the appellants plaintiffs are pursuing the relief of specific performance of the alleged contract which the Trial Court, as well as the Appellate Court, have refused in their discretion.

2. Brief facts, leading to institution of the present appeal are as under The responden

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