Dilip Sohanlal Baradiya and Ors. v. Mohanlal Surajmal Bhandari
Case brief
What is this about?
The High Court in Bombay allowed the second appeal in a suit for specific performance of an agreement for sale. The Court held the trial court erred in finding the plaintiff lacked readiness and willingness, noting no stage-wise payment was demanded by defendants. The appeal challenging the decree was rejected.
What did the court decide?
Second Appeal No. 805 of 2019 rejected; Civil Application disposed of.
What the court decided
k 1/3
904 sa 805.19 n cas as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.805 OF 2019
WITH
CIVIL APPLICATION NO.1618 OF 2019
IN
SECOND APPEAL NO.805 OF 2019
Dilip Sohanlal Baradiya & Ors.
V/S
Mohanlal Surajmal Bhandari
....Appellants/Applicants
....Respondent
Mr. Amol Wagh i/b Mr. Sagar Kasar for the Appellant/Applicant.
Mr. N.R. Bubna for Respondent No.1.
CORAM: SANDEEP V. MARNE, J. DATE : 15 MARCH 2024.
P.C.:
1By this Appeal, the Appellants challenge decree dated 15 April 2019
passed by the District Judge-2, Malegaon in Regular Civil Appeal No.115 of
2015. The First Appellate Court has reversed the decree dated 12 August 2015
passed by the Trial Court in Special Civil Suit No.105 of 2011. The Trial
Court had only partly allowed the suit of the Plaintiff by directing the
Defendants/Appellants to refund the earnest amount of Rs.2,00,000/- with
interest. The First Appellate Court has allowed the suit in entirety and has
directed the Defendants/Appellants to specifically perform the agreement for
sale dated 26 April 2010.
Issues for consideration
2 issues framed by the court
Whether the defendant-appellant was ready and willing to make slab-wise payments under the agreement for sale.
Whether the High Court should allow the second appeal challenging the decree for specific performance.
Parties & counsel
- appellant
Dilip Sohanlal Baradiya & Ors.
- respondent
Mohanlal Surajmal Bhandari
Coram
Sandeep V. Marne
Case details
As recorded by the court registry
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