Dismissed

Dattatraya Sudhakarrao Deshpande v. Ambajogai Peoples Co. Operative Bank Ltd., Thr Its Chairman Rajkishor K Modi and Ors.

Bombay HC27 Jul 2018CA/4251/2018

Case brief

AI extract

What is this about?

This court dismissed an application by a legal heir seeking to withdraw funds deposited by his deceased father from an agreement for sale. The court held that distribution of proceeds among heirs is a succession matter and unrelated to the specific performance dispute between purchaser and seller.

What did the court decide?

Application dismissed; applicant permitted to avail other legal remedies for recovery of share.

Dattatraya Sudhakarrao Deshpande Vs Ambajogai… — Execution and Attachment | Bombay HC (2018)

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{1} 907CA4251-18

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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907 CIVIL APPLICATION NO. 4251 OF 2018 IN FA/3323/2017 WITH CA/11104/2017 IN FA/3323/2017

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DATTATRAYA SUDHAKARRAO DESHPANDE VERSUS

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AMBAJOGAI PEOPLES CO OPERATIVE BANK LTD., THR ITS CHAIRMAN RAJKISHOR K MODI AND ORS.

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Advocate for Applicants : Mr. S.G. Jadhavar Advocate for Respondent No. 1.: Mr. A.S. Kakade, h/f Mr. V.D. Salunke

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Advocate for Respondent Nos. 3 to 7: Mr. S.G. Chapalgaonkar

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CORAM : A.M. DHAVALE,J.

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DATE: 27^th JULY, 2018

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PER COURT :-

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Heard learned advocate Shri. Jadhavar for the applicant, advocate Shri. A.S. Kakade holding for Mr. V.D. Salunke for respondent No.1 and Advocate Shri.S.G. Chapalgaonkar for Respondent Nos. 3 to 7

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It is submitted that by agreement dated 24th February, 2010, Sudhakar Deshpande, father of the present applicant agreed to sell his house property to respondent No.1 – Ambajogai Peoples Co-op. Bank Ltd. Ambajogai for consideration of Rs.1,29,00,000/- and amount of

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{2} 907CA4251-18

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Rs.65,00,000/- was advanced at the time of or before the agreement. The said money was deposited in the account of Sudhakar Deshpande. The bank filed suit for specific performance of the contract. It was decreed and the bank has deposited the balance of Rs.64,00,000/- in the trial court.

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Admittedly, Sudhakar Deshpande died on 08.04.2010 i.e. before filing of the suit. It is grievance of the present applicant that he is one of the legal heirs of Sudhakar Deshpande and the amount deposited in his account was distributed by other legal heirs among themselves to the exclusion of him. He seeks directions of this court to permit him to withdraw Rs.10,00,000/- with interest as his 1/6 share.

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The prayer made is not directly related to the dispute involved in the present appeal. This court has only to consider whether there was specific agreement or specific performance and whether the same is to be enforced or not. The dispute regarding distribution of the consideration among the heirs inter se will have to be decided by

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{3} 907CA4251-18

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separate proceedings for succession. Therefore, this prayer cannot be entertained in this petition. Hence, the Civil Application deserves to be dismissed and is accordingly dismissed. The applicant is at liberty to avail of other legal remedies available in law.

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5. Civil Application stands rejected.

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( A.M.DHAVALE, J )

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mta

Dattatraya Sudhakarrao Deshpande v. Ambajogai Peoples Co. Operative Bank Ltd., Thr Its Chairman Rajkishor K Modi and Ors.

Case brief

What is this about?

What did the court decide?

Dattatraya Sudhakarrao Deshpande v. Ambajogai Peoples Co. Operative Bank Ltd., Thr Its Chairman Rajkishor K Modi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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