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HIGH COURT OF BOMBAY
GAURI GODSE, J
Shri Mahadeo Sitaram Navale, Smt. Chaturabai Mahadeo Navale – Appellant
Versus
Shri Baputao Ramchandra Navale, deceased by his heirs. – Respondent
| Table of Content |
|---|
| 1. challenge to judgment on specific performance agreement. (Para 1 , 2) |
| 2. arguments supporting annulment of agreement due to loans. (Para 7 , 8 , 9 , 11) |
| 3. trial court's findings on nature of the agreement. (Para 19 , 20 , 21 , 22 , 23) |
| 4. specific performance contingent upon heirs' rights and cancellation. (Para 39) |
JUDGMENT :-
1. This second appeal is preferred by the original defendants to challenge the judgment and decree passed by the first appellate court for specific performance of an agreement executed by the defendants in favour of Ankush Navale. After the execution of the agreement, Ankush expired. The respondents are the original plaintiffs. Plaintiff no. 1 is the father of Ankush, plaintiff no. 2 is the widow of Ankush and plaintiff nos. 3 to 5 are the children of Ankush and plaintiff no. 2. The second appeal was admitted on 10th January 1994 on the following substantial questions of law.
2) Whether the first appellate court ought to have specifically addressed itself to the question of exercise of discretion as contemplated under section 20 of Specific Relief Act, 1963 and the decree passed by first appellate court is vitiated by reason of omission on the
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