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2024 Supreme(Online)(GUJ) 22976

HIGH COURT OF GUJARAT
DEVAN M. DESAI, J
VIMALKUMAR VIPINCHANDRA BHATT – Appellant
Versus
AMISHBHAI JAYANTILAL SHAH – Respondent


Advocates:
MR HARSHADRAY A DAVE(3461) for the Appellant(s) No. 1,2 MR DG SHUKLA(1998) for the Defendant(s) No. 1,2 MR HARSHEEL D SHUKLA(6158) for the Defendant(s) No. 1,2

Table of Content
1. plaintiffs filed suit for specific performance (Para 4 , 5 , 6 , 7 , 8 , 9)
2. appeal dismissed (Para 10 , 11 , 12 , 13)

ORAL JUDGMENT

1. This appeal is filed by the original defendants under Section 96 of the Code of Civil Procedure , 1908 challenging the judgment and decree dated 08.01.2019 passed by the learned Civil Court, Vadodara in Special Civil Suit No.291 of 2007.

2. Heard learned advocate Mr. Harshadray A. Dave for the appellants-original defendants and learned advocate Mr. D.G Shukla with learned advocate Mr Harsheel D. Shukla for the respondents-original plaintiffs.

3. The brief facts of the case are as under:-

3.1. The respondents-plaintiffs filed suit for a relief of specific performance for the property bearing Revenue Survey No.202 and 206 of Plot B/23 and B/24 admeasuring about 273.74 square meters situated in village Narmadanagar Scheme Akota, Vadodara. A registered agreement to sell was executed between plaintiffs and defendants on 15.12.2006. One of the conditions of the registered agreement to sell was that the plaintiffs were to pay the remaining amount of sale consideration within a period of six months from the date of execution of the registe

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