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HIGH COURT OF BOMBAY
M.S. Jawalkar, J
Chandrakala Wd/o Ashok Kusumbe, Shri Akhil S/o Ashok Kusumbe, Amruta D/o Ashok Kusumbe – Appellant
Versus
Dr. Saurabh S/o Rajendra Agrawal, Shri Mahipal S/o Shri Nathurao Choukse – Respondent
| Table of Content |
|---|
| 1. court's duty to review lower court's exercise of discretion. (Para 1 , 2 , 3) |
| 2. contract details and monetary exchanges basis for litigation. (Para 4 , 5) |
| 3. legal standards around plaintiff's readiness and willingness. (Para 10 , 12 , 30) |
| 4. impact of injunction on property transactions. (Para 15 , 19 , 23) |
| 5. final ruling on specific performance validity. (Para 27 , 32) |
JUDGMENT
Heard finally learned Counsel for both the parties at the stage of admission.
2. Present appeal is filed by the appellant, being aggrieved by the judgment and decree passed in First Appeal No. 260/2014 by learned Ad-Hoc District Judge – 7, Nagpur, on 21/04/2016 and thereby dismissed the appeal with cost.
3. This Court while issuing the notice has framed the following substantial question of law vide order dated 12/09/2018:-
“In the light of the evidence on record, whether the discretion to grant the relief of specific performance has been rightly exercised by the Courts?”
4. The case of the plaintiff in brief is as under :
Defendant is owner of agricultural land bearing S. No.72/1, P.H.No.4 situated at Mahuli, Tah- Parsheoni, Dist.- Nagpur. Defendant agreed to sell the suit property to the plaint
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