Smt. Malan Shivaji Mohite And Anr vs Mr. Vinayak Pandharinath ...
2023 Latest Caselaw 1781 Bom

                                                                   12-FA-13-2020.doc


 SA Pathan

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                           FIRST APPEAL NO.13 OF 2020


 Malan Shivaji Mohite and Anr                     ... Appellants
            V/s.
 Vinayak Pandharinath Bhongale                    ... Respondent

                                    WITH
                     CIVIL APPLICATION NO.3925 OF 2018

 Malan Shivaji Mohite and Anr                     ... Applicants
            V/s.
 Vinayak Pandharinath Bhongale                    ... Respondent

 Mr. Vivek V. Salunke for the Appellants.
 Mr. Tejas Kapre for the Respondent.

                                  CORAM    : AMIT BORKAR, J.

                                  DATED    : FEBRUARY 21, 2023
 P.C.:

         FIRST APPEAL NO.13 OF 2020

1. The Appeal arises out of the Suit in specific performance of the contract, which has been decreed by the impugned judgment and decree.

2. Interalia, the Appellants have raised two points;

First, the document of agreement to sell is conveyance within the meaning of Article 25 of the Maharashtra Stamp Act, and the document is insufficient stamp.

12-FA-13-2020.doc

Second, the impugned judgment is delivered after 9 years from the date of its commencing.

3. Admit.

4. Appellants to supply private paper book within one year.

5. Liberty to apply for early hearing.

CIVIL APPLICATION NO.3925 OF 2018

6. Issue notice to the Respondents, returnable on 21st March, 2023.

(AMIT BORKAR, J.)