Noshir Faredoonji Khambata vs Mehli N. Kerawala (Mehewanji ...
2021 Latest Caselaw 5848 Bom

                                                             36 fa292-20.odt


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE SIDE JURISDICTION

                               FIRST APPEAL NO.292 OF 2020


       Noshir Faredoonji Khambata                        ...... Appellant

                Vs.

       Mehli N. Kerawala                                 ..... Respondent


       Mr.Vaibhav Sugdare i/b Ms.Prachi Tatake for the appellant

       Mr.Yakshay Chheda for the Respondent



                                      CORAM:    K.K.TATED &
                                                RIYAZ I. CHAGLA, JJ.

DATED : MARCH 31, 2021 P.C.

. Heard.

2. By this First Appeal, appellant original plaintiff is challenging the judgment and decree dated 04.11.2019 passed by 3rd Joint Civil Judge, Senior Division, Satara in Special Civil Suit No.388 of 2011 dismissing the appellant's Suit for specifc performance of agreement dated 30.08.2009 styled as Memorandum of Understanding executed between plaintiff and defendant in respect of portion of the property bearing Final Plot No.426 known as Kerawala Lodge, situated at Panchgani, Tal. Mahabaleshwar, Dist. Satara.

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                                                         36 fa292-20.odt

3. Considering the submissions made by the learned Counsel for the appellant and impugned judgment and decree, we are satisfed that the appellant has made out a case for following order:

a)       Admit.


b)       Printing is dispensed with.


c)       Appellant to fle private paper book within one year

from today, failing which First Appeal shall stand dismissed without further reference to the Court.

d) The learned Counsel for the Respondent waives service.

(RIYAZ I. CHAGLA, J.)                            (K.K.TATED, J.)




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