Mr. Prallhad Namdev Pawar v. Mr. Shahid Latif Mukhtar Ahemad

P.H. Jayani 05(b) IA2654.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2654 OF 2021 IN FIRST APPEAL NO.1402 OF 2016 Pralhad Namdeo Pawar .... Appellant/Applicant v/s.

Shahid Latif Mukhtar Ahmad .... Respondent Mr. Amol Deshpande i/b. Mr. Shantanu Chandratre for the Appellant. Mr. N.R. Bubna for the Respondent.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 04th MARCH, 2022.

P. C. :- .

The Applicant herein has sought execution and implementation of the impugned judgment dated 03/03/2016. By the impugned judgment, the Trial Court has directed the Appellant to execute the sale deed in respect of the suit property on accepting the remaining consideration amount at agreed rate of Rs.31 Lakhs per Acre and hand over vacant and peaceful possession to the Respondent - plaintiff within two months. The Respondent has also been directed to deposit remaining amount of sale consideration at the earliest. It is stated that execution proceedings have been filed wherein the Court Commissioner has already been appointed.

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P.H. Jayani 05(b) IA2654.2021.doc 2.

It is stated that the measurements of the land have been taken. The Respondent - plaintiff as per the judgment, is required to deposit the amount as per the measurement. Learned counsel for the Respondent states that the Respondent will be depositing the said amount before the Trial Court as per the Commissioner' s report.

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Considering the grounds raised in the Appeal memo, parties to maintain status quo as regards possession of the property and not to execute the sale deed pending hearing of the Appeal. 4.

Civil Application stands disposed of in above terms. PREETI H JAYANI PREETI H JAYANI Date: 2022.03.24 17:43:58 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 2/2