Disposed

Annasaheb Appa Patil and Anr. v. Bharat Dadu Dubale and Anr.

Bombay HC23 Oct 2024SA/526/2024

Case brief

AI extract

What is this about?

Second appeal against a specific performance decree was admitted on substantial questions of law regarding interpretation of the suit agreement, delay and laches under Section 20 of the Specific Relief Act, and plaintiffs' readiness and willingness. Ad-interim relief granted restraining creation of third-party rights over the suit property pending disposal.

What did the court decide?

Appeal admitted on framed substantial questions of law; ad-interim relief in terms of prayer clause (a); appellants not to create third-party rights over the suit property.

Annasaheb Appa Patil and Anr. vs Bharat Dadu Dubale and… — Specific Performance | Bombay HC (2024)

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24-IA-11990-2024.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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rrpillai

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 11990 OF 2024

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SECOND APPEAL NO. 526 OF 2024

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Annasaheb Appa Patil and Another … Appellants/Applicants Vs. Bharat Dadu Dubale and Another … Respondents

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Mr. Amrut Joshi a/w. Mr. Sanket Mungale i/b. Mr. Kartik Vig for the Appellants/Applicants.

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Mr. S. C. Mangle a/w. Mr. B. V. Salunkhe for the Respondents.

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CORAM : GAURI GODSE, J.

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DATE : 25^th NOVEMBER 2024

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ORDER :

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Heard learned counsel for the parties. The second appeal is admitted on the following substantial questions of law framed under

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ground (a), (c) and (h) of the appeal memo which reads as under:

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(a) Whether the First Appellate Court has committed an error by

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wrongly interpreting the express clauses of the suit agreement

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dated 14^th December 2008 ?

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Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: 2024.11.28 10:55:48 +0200

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24-IA-11990-2024.docx

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to the fact that there were delay and laches in the context of Section 20 of Specific Relief Act, 1963, on the part of the Plaintiffs in approaching the Court seeking specific performance of the contract as the Application for amendment was made only in September 2012?

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(h) Whether the First Appellate Court has committed an error while dealing with the issue of readiness and willingness of the Plaintiffs to perform their part of Contract because on one hand the Appellate Court has observed that various obligations such as sanction of layout, conversant to N.A. etc. were not required for execution of Sale Deed and on the other hand, the Appellate Court has ignored the fact that there was no attempt on the part of the Plaintiff to pay to the Defendants the balance consideration while wrongly observing that they were ready and willing to perform the Suit Agreement?

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Learned Advocate for the respondents waives notice.

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Call for record and proceedings.

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24-IA-11990-2024.docx

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Printing is dispensed with.

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Learned Advocate for the appellants shall file private paper book

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within one year from today.

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Interim Application No. 11990 of 2024

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Rule on interim relief in terms of prayer clause (a) is made returnable on 17^th February 2024.

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Learned Advocate for the respondents waives notice. He seeks

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time to file affidavit in reply. Reply to be filed before the next date.

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There will be ad-interim relief in terms of prayer clause (a).

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Appellants shall not create an third party right in respect of the

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suit property during the pendency of the Civil Application.

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[GAURI GODSE, J.]

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Annasaheb Appa Patil and Anr. v. Bharat Dadu Dubale and Anr.

Case brief

What is this about?

What did the court decide?

Annasaheb Appa Patil and Anr. v. Bharat Dadu Dubale and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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