Vijay Alwin Masih S/O Prem Masih And Another v. Shri Safdar Hussain S/O Saheb Khan

13 sa312.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO.312 OF 2018 Vijay Alwin Masih s/o Prem Masih & Anr. Vs. Safdar Hussain Saheb Khan __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Anil Mardikar, Sr.Advocate a/b Shri R.A. Mardikar, Advocate for appellants.

Shri F.T. Mirza, Sr. Advocate a/b Shri A.S. Deshpande, Advocate for respondent.

CORAM : M.W. CHANDWANI, J.

DATE : 06.02.2025.

1.

By order dated 22.10.2018, this Court framed substantial question of law. Notice was issued. 2.

Having heard the learned Senior Advocates for the respective parties and having gone through the material on record, the appeal is admitted on the following substantial question of law:

"In the light of the fact that the requisite permission having been refused by the NIT on 04.09.2008, whether the plaintiff on the basis of the subsequent permission granted on 12.01.2009 is entitled for the decree of specific performance in the light of deposition of PW-2 at Exh.67?"

3.

Shri F.T. Mirza, learned Senior Advocate waives notice on merits on behalf of respondent.

4.

Appellant to file private paper-book within eight weeks from today.

13 sa312.18.odt Civil Application (CAS) No.770/2018 5.

The execution of the impugned decree shall remain stayed till disposal of the appeal subject to applicants/appellants not creating any third party rights in the suit property.

6.

The application stands disposed of.

JUDGE Wagh