Rahul Raman Muttha vs Raosaheb Jagganath Chaudhari
2023 Latest Caselaw 8950 Bom

                                                                   916-sa-450-2023.odt
                                       (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                         SECOND APPEAL NO.450 OF 2023

               RAHUL RAMAN MUTTHA AND ANOTHER
                                  VERSUS
           RAOSAHEB JAGGANATH CHAUDHARI AND OTHERS
                                    ...
         Advocate for Appellants : Mr. Khivesara Deelip Lalchandji
                                    ...
                                    CORAM : S.G. MEHARE, J.

DATED : AUGUST 30, 2023

PER COURT:-

1. Heard learned counsel for the appellants.

2. A suit for specific performance contract filed by the

appellants was dismissed by the trial Court as well as the appellate

Court. However, the alternate relief of refund of earnest money was

granted to them with interest @ 6% p.a.

3. Learned counsel for the appellants has vehemently

argued that it was an agreed term that the landlords to obtain the

permission from the Collector as the land was 'Khandkari' land. Such

land cannot be sold without permission of Collector. However, both

Courts have erred in observing that N.A. permission was granted and

the appellants failed to deposit a nazrana for the N.A.; hence they are

not entitled to the decree of specific performance contract. Since

there are two consecutive judgments against the appellants, it would

be better to call for the respondents before admitting the appeal.

916-sa-450-2023.odt

4. Hence, issue notice to the respondents before admission,

returnable on 21.09.2023.

5. Call record and proceedings.

(S.G. MEHARE, J.)

Mujaheed//