Premchand Lakichand Jain Died ... vs Bansilal Manikchand Jain Died ...
2023 Latest Caselaw 8487 Bom

                                                                          98-sa-30-2023.odt
                                        (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        SECOND APPEAL NO.30 OF 2023
                       WITH CA/8839/2023 IN SA/30/2023

      PREMCHAND LAKICHAND JAIN DIED LRS. NIRMALABAI
                   PREMCHAND JAIN AND ORS.
                               VERSUS
 BANSILAL MANIKCHAND JAIN DIED LRS. SUPDABAI BANSILAL JAIN
                              AND ORS.
                                   ...
   Advocate for Appellants : Mr. P.R. Katneshwarkar h/f Mr. Fulfagar
                              Anuj Ajay
        Advocate for Respondent Nos.2 & 4 : Mr. B.R. Kedar
                                   ...
                                        CORAM : S.G. MEHARE, J.

DATED : AUGUST 21, 2023

PER COURT:-

1. Heard the respective counsels.

2. Admit.

3. After hearing the learned counsel for the appellants and

after going through the impugned judgments and orders and the

dispute between the respective parties, following substantial questions

of law is formulated :

(a) Whether the document in question about field

survey no.278/3 was a sale deed or a deed of mortgage

by conditional sale?

(b) Whether oral evidence will prevail over the

documentary evidence?

98-sa-30-2023.odt

(c) Whether the defendant/present appellant is

entitled to specific performance contract in respect of

field survey no.278/1.

(d) Whether there was delay and laches in claiming

the specific performance contract.

(e) Whether the present appellant was ready and

willing to perform his part of contract.

4. Learned counsel for the appellant/original defendant

would submit that in pursuance of the judgment and decree

impugned before this Court, the execution has been filed and the

executing Court is likely to issue possession warrant. However, both

the learned counsels are ready to advance the arguments finally.

Since the regular suit was opened in the year 1982, the matter may be

heard finally.

5. Hence till next date, the execution of the impugned

judgments has been stayed on a specific condition that the appellants

would not seek adjournment at any cost. Print paper book is

dispensed with. The parties are ready to argue the appeal finally on

the basis of the paper book prepared before the learned Additional

Sessions Judge.

6. Stand over to 13.09.2023 at 02.30 pm.

(S.G. MEHARE, J.) Mujaheed//