Advocates:
['KULKARNI MUKUL S', 'SHRI L B PALLOD', '', 'CVTR', 'BAJAJ ANIL S']

SA 32/15

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

SECOND APPEAL NO.32/2015

1]

Shri Kailas Balasaheb Nistane,

age 51 yrs., occu.business,

r/o Church Road, Ahmadnagar.

2]

Sau.Anita Kailas Nistane,

since deceased hence through L.Rs.:

2A]

Shri Kailas Balasaheb Nistane,

age 51 yrs., occu.business,

r/o Church Road, Ahmadnagar.

2B]

Sau.Suwarna Yashwant Namde,

age 29 yrs., occu.household,

r/o Namde Chawal, Mohan Nagar,

Chinchwad, Pune.

2C]

Sau.Rani Ganesh Chanwandke,

age 27 yrs., occu.household,

r/o Bhimnagar, Gandhinagar,

Kopargaon Tq.Kopargaon

Dist.Ahmadnagar.

2D]

Miss.Pallavi Kailas Nistane,

age 24 yrs., occu.education,

r/o Church Road, Ahmadnagar.

2E]

Vinod Kailas Nistane,

age 19 yrs., occu.education,

r/o Church Road, Ahmadnagar.

...Appellants..

(Org.defendant nos.1 & 2)

Versus

1]

Shri Rajendra Ratilal Munot,

age 59 yrs., occu.trader,

r/o Vijaya Residency,

Chitale Road, Ahmadnagar.

SA 32/15

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2]

Shri Sadashiv Vitthal Bondge,

age 63 yrs., occu.business,

3]

Shri Tukaram Karale,

age 49 yrs., occu.service,

4]

Shri Ganpat Ramchandra Raut,

age 48 yrs., occu.business,

5]

Shri Kishore Somnath Pawar,

age 48 yrs., occu.business,

6]

Shri Shankar Piraji Pawar,

age 45 yrs., occu.business,

7]

Shri Kishore Kisanrao Sarolkar,

age 50 yrs., occu.business,

Nos.2 to 7 all r/o House No.3452,

Church Road, Ahmadnagar.

8]

Ahmadnagar Shahar Sahakari Bank

Maryadit, Navi Peth, Ahmadnagar.

...Respondents...

(No.1 org.plaintiff.

Nos.2 to 8 org.defendant

nos.3 to 9)

.....

Shri Mukul S. Kulkarni, Advocate for appellants.

Shri Anil S. Bajaj, Advocate for respondent no.1.

.....

CORAM: N.W. SAMBRE, J.

JUDGMENT RESERVED ON 23.06.2015

JUDGMENT PRONOUNCED ON 14.7.2015

JUDGMENT :

1]

The present second appeal is by original

defendant Nos.1 & 2, who suffered a decree for specific

SA 32/15

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performance by judgment and order dated 22.7.2009 passed

by 2^nd Joint Civil Judge, Senior Division, Ahmednagar,

based on agreement of sale dated 15.12.2005 (Exhibit 57).

An appeal preferred by the present appellants before the

learned Ad Hoc District Judge-3, Ahmednagar, came to be

dismissed affirming the judgment and order dated

22.7.2009 by an order dated 19.9.2014. As such, present

second appeal by the original defendant Nos.1 & 2.

2]

The facts as are necessary for deciding the

present appeal are as under :-

[A]

The respondent no.1 herein filed a suit for

specific performance against the defendants

praying therein execution of saledeed in his

favour in respect of City Survey No.2659A/2 area

357. Sq.Mtrs. and City Survey No.2659B area 69.6

Sq.Mtrs. bearing House No.3452 situated at Khist

Galli in Ahmednagar. The above referred suit

property consists of eight rooms on the ground

floor and two rooms on the first floor alongwith

toilet blocks.

[B]

The appellants herein were the owners of

the suit property and were in joint possession of

SA 32/15

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the same. So as to satisfy their debt, the

appellants herein have decided to sell the suit

property

for

a

total

consideration

of

Rs.6,50,000/- to the respondent no.1 – plaintiff

and as such executed an agreement of sale on

December 15, 2005, on which date, the respondent

no.1 paid an amount of Rs.2,00,000/- by way of

earnest money to the appellants herein. One of

the conditions in the agreement was, an amount of

Rs.1,07,759/- will be paid to the defendant no.9 –

bank to