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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 12651 OF 2016

Shivdas S/o Santram Gavhane

Age: 50 Years, Occu: Agriculture,

R/o: Takalgaon, Taluka: Georai,

District: Beed.

… Petitioners

(Original Defendant)

VERSUS

Revindra S/o Sudhakar Ghadge

Age: 41 Years, Occu: Agriculture

R/o: Jay Bhawani Karkhana Gadhi,

Taluka: Georai, District: Beed.

… Respondent

(Original Plaintiff)

…

Mr. Thigale Girish K. (Naik), Advocate for the Petitioner

Mr. Indani Madanlal S. and U.M. Indani, Advocate for the

Respondent

...

CORAM : V. K. JADHAV, J.

DATED : 13^th NOVEMBER, 2019

ORAL JUDGMENT :-

1.

Rule. Rule made returnable forthwith. By consent of

the parties, heard fnally at admission stage.

2.

Being aggrieved by the order dated 18.07.2016

below Exhibit-12 passed by the learned 2^nd Joint Civil Judge,

Junior Division, Georai, in Regular Civil Suit No.367 of 2011, the

petitioner – original defendant has fled the present writ

petition.

3.

The petitioner herein had instituted Special Civil

Suit No.56 of 2008 for specifc performance of contract and the

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subject matter of the suit is an agricultural land Gut No.17

admeasuring 2 H. 28 R. (5 Acre 22 Gunthe) situated at village

Belgudwadi, Taluka Georai, District Beed. The respondent

herein is the owner of the said suit property. He had agreed to

alienate the suit property in favour of the petitioner herein

(plaintiff in Special Civil Suit No.56 of 2008) for consideration of

Rs.6,35,000/-. The respondent herein (original defendant in

Special Civil Suit No.56 of 2008) had accepted earnest amount

of Rs.1,00,000/- and executed an agreement of sale in favour

of the petitioner. The said agreement of sale was registered

before Notary at Georai on 26.05.2005. Moreover, the

possession of the suit property was also delivered to the

petitioner on 24.06.2005. Further, the petitioner has also paid

an amount of Rs.25000/- in cash to the respondent and the

separate receipt came to be executed to that effect. There was

encumbrance of loan of Bank of Maharashtra, Branch Gadi,

Taluka Georai and Marathwada Gramin Bank, Branch Jategaon,

Taluka Georai. The petitioner has paid certain amount towards

the loan outstanding in the name of respondent and the

petitioner has also paid certain amount towards the tax etc. as

detailed in the plaint of the said suit. Though the petitioner was

ready and willing to perform his part of contract, the

respondent had not responded to the notice given by the

petitioner and failed to execute the sale deed. The petitioner

herein was therefore constrained to institute the said Special

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Civil Suit No.56 of 2008 for specifc performance of contract. It

is precisely the defence of the respondent that the petitioner

herein is indulged in the money lending business without

licence and the matter pertains to the loan amount. It is also

the defence of the respondent that the petitioner herein got

executed an agreement to sale of the suit property by

exercising undue pressure, force and threats to life. It has been

specifcally contended that the suit has been instituted with

malafde intention to grab the suit property and in fact, the

petitioner herein has not paid any amount, as alleged by him,

to the respondent. On the basis of these pleadings, the parties

went for trial and the learned Joint Civil Judge, Senior Division,

Beed, by judgment and decree dated 18.04.2011, dismissed

the suit. Being aggrieved by the same, the petitioner herein

preferred Regular Civil Appeal No.159 of 2012 before the

District Court. Though he had preferred First Appeal No.1978 of

2011 before this Court, during the pendency of appeal, due to

enhancement of pecuniary jurisdiction, th