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2019 Supreme(SC) 97

A.M.SAPRE, DINESH MAHESHWARI
Rajendra Lalitkumar Agrawal – Appellant
Versus
Ratna Ashok Muranjan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Bharti Tyagi, AOR
For the Respondent: Mr. R.K. Singh, Ms. Rashmi Singh, AOR

JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is directed against the final judgment and order dated 06.08.2018 of the High Court of Judicature at Bombay in Second Appeal No. 44 of 2017 whereby the High Court dismissed the second appeal filed by the appellant herein.

3. In order to appreciate the short controversy involved in this appeal, few relevant facts need mention hereinbelow.

4. The appellant is the plaintiff whereas the respondents are the defendants in the civil suit out of which this appeal arises.

5. The appellant filed a civil suit against the respondents for specific performance of the contract in relation to the suit property. The said suit was based on an agreement dated 08.08.1984. The respondents filed their written statement and denied the appellant's claim. The Trial Court by judgment/decree dated 05.07.2004 decreed the appellant’s suit and passed a decree for specific performance of the contract against the respondents.

6. The respondents felt aggrieved and filed first appeal before the District Judge, Pune. By judgment/decree dated 10.11.2016, the first Appellate Court allowed the respondents’ (defendants’) appeal and dismissed the suit. The appe












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