Raju @ Rajesh S/O Keshaorao Babulkar v. Shri Suryakant S/O Vithalrao Motghare And Others

2025:BHC-NAG:2403 35.sa.493.19 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.493 of Raju @ Rajesh s/o Keshaorao Babulkar (dead) through L.Rs. vs.

Shri Suryakant s/o Vithalrao Motghare and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. A.D. Dangore, Advocate for the Appellants.

CORAM

: M.W. CHANDWANI, J.

DATE : 10 th MARCH, 2025.

Heard.

02.

The appeal is admitted on the substantial question of law framed by this Court on 19/11/2019, which is reproduced as under : ● Whether the first appellate Court is justified in granting partial decree of specific performance against one of the executant of the agreement to sale?

Civil Application [CAS] No.971 of 2019:

Heard.

02.

Since the appeal has been admitted on the substantial question of law and the first appellate Court has allowed the appeal of the respondents by overturning the decree passed by the trial Court, there shall be stay to the execution of the judgment impugned till final disposal of the appeal.

03.

The application is allowed and disposed of accordingly. JUDGE *sandesh