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Bombay High CourtSA/58/2015dispossed offdismiss for default

Ramkrushna S/O Bapurao Gore And Anothers v. Suresh Nanaji Gore And Anothers

2017-01-11Hon'Ble Shri Justice Ravi K. Deshpande2 pages

1101sa58.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.58 of 2015 (Ramkrushna s/o Bapurao Gore and another v. Suresh Nanaji Gore and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Coram : R.K. Deshpande, J.

Date : 11 th January, 2017 This matter was called out for admission on 4th, 5th, 6th, 9th and 10th January, 2017. On every occasion, it was passed over. None appeared for the appellants. Today also when the matter is called out, none appears for the appellants. The suit was for specific performance of contract dated 26-5-1992. It was dismissed by the Trial Court, and the appeal is also dismissed. The plaintiffs are before this Court in this second appeal against the concurrent findings of fact. The agreement to sell was executed by the defendant No.1, who is found to be not the owner of the suit property. It is the defendant No.2, who is found to be the owner of the suit property, and the agreement was not executed by the defendant No.2.

1101sa58.15.odt No substantial question of law arises. The second appeal is dismissed.

Judge.

Lanjewar