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SHALINI PHANSALKAR-JOSHI
Parasharam Sakharam Dhumal – Appellant
Versus
Shamrao Mahadeo Dhumal (Since Deceased) – Respondent
Dr. Shalini Phansalkar-Joshi, J.—Heard Mr. Thorat, learned Senior Counsel for the Appellants, and Mr. Talkute, learned counsel for Respondent Nos.2 to 6.
2. This Second Appeal is preferred against the Judgment and Order dated 18th November 1991 passed by the 3rd Additional District Judge, Satara in Regular Civil Appeal No.38 of 1984, thereby dismissing the Appeal and confirming the Judgment and Decree passed by the Court of Civil Judge, Senior Division, Satara in Regular Civil Suit No.119 of 1976.
3. By the said Judgment and Decree, the Trial Court has dismissed the Suit for specific performance of the contract filed by the Appellant and, as stated above, the Appeal preferred against the said Judgment and Decree is also dismissed by the 1st Appellate Court, however on some different reasons.
4. Against this concurrent ‘Decree’, the present Second Appeal stands admitted on the following substantial questions of law, as framed in Ground Nos.1(a) to 1(c) of the Appeal Memo. Those grounds are as follows:-
“1(a) Whether in an Appeal preferred by the Appellant-Plaintiff, the lower Appellate Court was right in upsetting the findings regarding the nature of the transactions
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