Kisan Fakirchand Bhatewale vs Bapusaheb Pandurang Muley And ...
2023 Latest Caselaw 10836 Bom

                                                                   43-sa-312-2023.odt
                                      (1)


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                       SECOND APPEAL NO.312 OF 2023
                      WITH CA/7353/2023 IN SA/312/2023

                   KISAN FAKIRCHAND BHATEWALE
                              VERSUS
           BAPUSAHEB PANDURANG MULEY AND OTHERS
                                  ...
          Advocate for Appellants : Mr. Deshpande Milind K.
   Advocate for Respondent No.1 : Mr. Shaikh Mujtaba Gulam Musafa
                                  ...
                                      CORAM : S.G. MEHARE, J.

DATED : OCTOBER 18, 2023

PER COURT:-

1. The present appeal is preferred by the subsequent

purchaser. He was party to the suit for specific performance of

contract filed by respondent no.1.

2. The question is 'whether the subsequent purchaser can

assail the agreement and contract between the common vendor and

the earlier purchaser?

3. Adjourn the matter for hearing on the locus of

subsequent purchaser to oppose the suit for specific performance of

the contract and the impugned Judgment and decree.

4. Stand over to 14.12.2023.

(S.G. MEHARE, J.)

Mujaheed//