High Court Bench of Bombay dismissed this application for interim relief. The applicants sought pending final disposal, relying on unproven oral agreement claims rejected at the trial stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.3531 OF 2017
IN FIRST APPEAL NO. 1240 OF 2017 IN SPECIAL CIVIL SUIT NO. 21 OF 2011
Javed Sayyad & anr. ... Applicants (original plaintiffs) V/s.
Digambar Ambalgi & ors. ... Respondents (original defendants)
Ms. Sunita Potdar i/b. Kavita Shinde for the applicants.
Mr. Prasad P. Kulkarni for respondents 1 and 2.
CORAM : NARESH H. PATIL AND R.G. KETKAR, JJ.
14th November, 2017.
P.C.
Learned Counsel appearing for applicants submits that interim
relief be granted pending hearing and final disposal of the appeal. It
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is submitted that the trial Court had observed in Paragraph21 of the judgment that plaintiff's case lacks merits but it is not totally a false claim. The applicants have raised substantive issues going to the root of the matter and, therefore, interimrelief needs to be granted.
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The plaintiffs' case is based on the oral agreement to purchase immovable property for consideration amount of Rs.16 lacs per acre. The plaintiffs claim to have paid 10 lacs of rupees. The trial Court framed appropriate issues in Paragraph 10 of the judgment.
rejected.
(R.G. KETKAR, J) (NARESH H. PATIL, J.)
L.S. Panjwani, P.S.
1 issue framed by the court
Whether interim relief should be granted in an appeal against a decision dismissing an oral agreement claim for purchase of immovable property.
Javed Sayyad & anr.
Digambar Ambalgi & ors.
NARESH H. PATIL
R.G. KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
