Second appeal concerning a suit for specific performance was disposed of without merits upon the parties settling the dispute and the respondent executing a registered sale deed in favor of the appellant.
Second Appeal disposed in terms of Consent Terms with no order as to costs.
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501-sa-215-2019.doc
Pallavi Digitally signed by PALLAVI PALLAVIMAHENDRAWARGAONKAR MAHENDRAWARGAONKARDate:2023.08.05 12:03:31 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.215 OF 2019
Sou. Parvinbano Najirahemad Shaikh ...Appellant
Versus
M. Kasim Nabisaheb Bepari ...Respondent
Mr. Priyal G. Sarda, for the Appellant.Mr. M.S. Mulla, for the Respondent.CORAM : MADHAV J. JAMDAR, J. DATE : 4th AUGUST 2023
P.C.:
Not on Board. Upon mentioning taken on Board.
1. Heard Mr. Priyal Sarda, learned counsel appearing for the
Appellant and Mr. M.S. Mulla, learned counsel appearing for the
Respondent.
2.Both the learned counsel state that the Appellant and the
Respondent have settled the dispute. The suit has been filed for
specific performance by the Appellant – Plaintiff and the same was
decreed by the learned Trial Court. The learned First Appellate Court
reversed the said decree and rejected the prayer for specific
performance. However, as noted in the Consent Terms, the
Respondent i.e. the defendant has executed a registered sale deed on
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501-sa-215-2019.doc
Pallavi
22nd July 2023 in favour of the Appellant. The Respondent is
personally present in the Court.
3.Learned counsel appearing for the Appellant states that the
Appellant – Sou. Parvinbano Najirahemad Shaikh was present in the
Court yesterday and due to some difficulty, she could not remain
present today. Accordingly, the Respondent who is present in the
Court confirms that by registered sale deed dated 22nd July 2023, the
suit property has been sold by him to the Appellant. Accordingly, the
said Consent Terms are taken on record and marked ‘X’ for
identification. Second Appeal is disposed of in terms of Consent
Terms with no order as to costs.
4. Refund of Court fees is permitted as per Rules.
[MADHAV J. JAMDAR, J.]
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Sou. Parvinbano Najirahemad Shaikh
M. Kasim Nabisaheb Bepari
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court