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2021 Supreme(Online)(Guj) 1276

HIGH COURT OF GUJARAT
VAIBHAVI D. NANAVATI, J
PANKAJKUMAR VANECHAND MEGHANI – Appellant
Versus
MAJUMDAR AND ASSOCIATES, A PARTNERSHIP FIRM – Respondent


Advocates:
For the Appellants/Petitioners: MR DHAVAL D VYAS
For the Respondents: MR AMAR N BHATT, MR AS VAKIL, MR KUNAL P VAISHNAV

Table of Content
1. second appeal due to a specific contract dispute (Para 1)
2. factual background of the contract dispute (Para 2 , 3)
3. details of the plaintiffs' specific performance request (Para 4)
4. legal questions of law framed by the appellate court (Para 5 , 6)
5. arguments by appellants regarding specific performance (Para 7 , 8)
6. court's rationale on specific performance and damages (Para 10)
7. counterarguments by the respondents (Para 11 , 12 , 19)
8. respondents' justification for refusal of specific performance (Para 13)
9. court's acknowledgment of case appreciation and findings (Para 16)
10. court's rationale for refusing specific performance (Para 17 , 18)
11. final judgment and dismissal of appeal (Para 21 , 22)

JUDGEMENT

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 Civi






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