Nagarmal Ganpatlal (Deceased) ... vs Sharique Ahmed S/O Rafique Ahmed ...
2022 Latest Caselaw 9800 Bom

                                                        1                            27.SA.146-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                             SECOND APPEAL NO. 146 OF 2022
      ( Nagarmal Ganpatlal Joshi (Since deceased), Thr. LRs & Ors.
                                  Vs.
     Sharique Ahmed s/o Rafique Ahmed (Since deceased), Thr. LRs &
                                Ors. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. V.S. Bapat, Advocate for the Appellants.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 26th SEPTEMBER, 2022.

Heard Mr. Bapat, learned counsel for the appellants.

2. In a suit for specific performance filed by the original plaintiffs/respondents (respondent Nos.1(a) to 1

(d) being his legal heirs), the suit was decreed by the learned Trial Court by the judgment dated 20.02.2012 refusing specific performance and granting refund of the earnest amount of Rs. 1,80,000/- with interest at the rate of 9% per annum from the date of filing of the suit till its realisation (page 43).

3. In appeal, the learned Appellate Court by the judgment dated 03.04.2017, has granted specific performance with a direction to the plaintiffs to deposit the balance consideration with interest at the rate of 2 27.SA.146-2022.odt

6% per annum within three months from the judgment of the learned Appellate Court. Liberty was also granted to the appellants/defendants to apply under Section 28(1) of the Specific Relief Act, in case the deposit was not so made by the plaintiffs. Since, the deposit was not made within the aforesaid time, an application under Section 28(1) of the Specific Relief Act, has already been filed by the defendants before the learned Trial Court which is pending, inspite of the fact, that the legal heirs of the plaintiffs have been served. The fact remains that the balance consideration has not been deposited within the time frame granted by the learned Appellate Court (page 24).

4. On a query being made by the Court, as to whether in pursuance to the judgment of the learned Trial Court dated 20.02.2012, the defendants had deposited the earnest amount of Rs. 1,80,000/- with interest at the rate of 9% per annum, to which Mr. Bapat, learned counsel for the appellants, seeks a week's time to enquire whether there was any stay operating before the learned first Appellate Court.

5. List the matter on 07.10.2022.

JUDGE SD. Bhimte Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:26.09.2022 18:21