Popat Vishnu Sabale v. Narayan Shankarrao Game (Patil) And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL SECOND APPEAL NO. 246 OF 2019 ALONGWITH CIVIL APPLICATION NO. 1397 OF 2018 Ramchandra Vishnu Sable And Others ...Appellants vs.

Narayan Shankarrao Game Patil And Others

...Respondents

***** Mr. Macchindra A. Patil a/w Mr.

Vijay R. Garad Advocate for the Appellant Nos. 1 and 2 in Second Appeal No. 246 of 2019 Mr. Rajaram V. Bansode and Ms.

Sheetal M. Ubale Advocate for Respondent No. 1 Mr. Kalpesh Patil Advocate for Respondent No. 3 ***** ALONGWITH CIVIL SECOND APPEAL NO. 249 OF 2024 ALONGWITH CIVIL APPLICATION NO. 8038 OF 2024 Popat Vishnu Sabale ...Appellant vs.

Narayan Shankarrao Game Patil And Others

...Respondents

***** Mr. Kalpesh Patil Advocate for Appellant Mr. Macchindra A. Patil a/w Mr.

Vijay R. Garad Advocate for the Respondent Nos. 3 and 4 in Second Appeal No. 249 of 2019 1/3

Mr. Rajaram V. Bansode and Ms.

Sheetal M. Ubale Advocate for Respondent No. 1 ***** CORAM :

S. M. MODAK, J.

DATE :

26th JULY 2024 P. C. :- 1.

Heard learned Advocate Shri Machhindra A. Patil for the Appellant. He made the following submissions:- (i) The suit for refund of the earnest money is not maintainable. Specific performance is not sought.

(ii) He relied upon the provisions of the Section 22(b) of the Specific Relief Act.

(iii) He read over the findings of the trial Court and the Appellate Court.

(iv) His grievance is both the Courts below have not considered the evidence in respect of the sale deed in between Defendant Nos. 1 to 3 and defendant No. 4.

2.

He has closed his arguments. He has relied upon the following two judgments:

(i) Vasudeo Harchand Kolhe and Anr. Vs. Bhaulal Nadarsingh 2/3

Rajput and Anr.1 (ii) Bhikaram Nathuji Vanjari and Anr. Vs. Sarsawatibai Motilal Zarkariya2 3.

Matter be kept on 02/08/2024 at 2.30 p.m. for hearing the Respondent.

[S. M. MODAK, J.] AIR 1994 Bombay 124 1996 (2) Mh. L.J. 756 3/3 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 31/07/2024 11:38:06