Laxman Fakira Sambare vs Ganesh Sahkari Sakhar Karkhana ...
2022 Latest Caselaw 4757 Bom

                                                                          934.SA.56.2020.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                           SECOND APPEAL NO.56 OF 2020
                          WITH CA/1606/2020 IN SA/56/2020

                        LAXMAN FAKIRA SAMBARE
                                  VERSUS
           GANESH SAHKARI SAKHAR KARKHANA LTD, RAHATA DIST.
                      AHMEDNAGAR AND ANOTHER
                                     ...
                Advocate for Appellant : Mr. Sandip R. Sapkal
                                     ...
                             CORAM       :    MANGESH S. PATIL, J.

                                    DATE    :   04.05.2022
PER COURT :

The defendant No.1 is in Second Appeal being aggrieved and

dissatisfied by the judgment and decree passed by the trial court and by

lower appellate court decreeing the suit of the respondent No.1 for specific

performance of an agreement to sell.

2. Issue notice to the respondent No.1, returnable on 20.07.2022.

3. Considering the fact that though no date of specific

performance was mentioned in the agreement and the respondent No.1 had

the knowledge of refusal in the form of a notice being served upon it by the

appellant and still the suit was filed after three years of such notice, the

courts below have not gone into this aspect, there shall be stay to the

execution of the impugned judgment till the next date.

(MANGESH S. PATIL, J.) habeeb