Nazir Khan Badruddin Khan vs Shaikh Ismail Sk. Taher And Anr
2022 Latest Caselaw 3510 Bom

                                       1                  SA / 173 / 2022


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                      931 SECOND APPEAL NO.173 OF 2022
                       WITH CA/4798/2022 IN SA/173/2022

                        NAZIR KHAN BADRUDDIN KHAN
                                  VERSUS
                      SHAIKH ISMAIL SK. TAHER AND ANR.

                                         ...
                      Advocate for Appellant : Mr. Adwant S.V.
                                         ...

                                CORAM      : MANGESH S. PATIL, J.

                                DATE       : 30 MARCH 2022

PC :

Heard learned advocate Mr. Adwant who appears for the

appellant - original defendant.

2. The trial court has refused a decree for specific

performance to the respondents - plaintiffs and had only directed

refund of the earnest money whereas the appellate court has set aside

the judgment and decree of the trial court and directed specific

performance of the contract.

3. It is informed that the respondents have filed execution

proceedings which is due to be listed tomorrow before the executing

court.

2 SA / 173 / 2022

4. Issue notice to the respondents returnable on 21-06-2022.

5. Till then, the execution shall stand stayed.

6. Call Record and Proceedings.

[ MANGESH S. PATIL ] JUDGE arp/