Tanvir Hussain Mujaffar Husain And Others v. Satish Gangadhar Gulkar And Others

1 12 SA no.96.24.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO.

OF 20 Tanvir Husain Mujaffar Husain and ors.

VS.

Satish Gangadhar Gulkar @ Gulkar and ors.

_______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.R. Deshpande, Advocate for appellants.

CORAM :

G.A. SANAP, J.

DATE :

th APRIL, 2024.

Heard.

2.

Issue notice to the respondents on following substantial question of law:- "Whether the courts below have failed to exercise the discretion vested with the courts under Section 12 (2) of the Specific Reliefs Act, 1963 and refused the specific performance of part of contract, when the part of contract which could not have been performed was a small proportion to the whole contract?

3.

Notice be returnable within six weeks.

2 12 SA no.96.24.odt. CIVIL APPLICATION NO.309 OF 2024 1.

Heard.

2.

Issue notice to the respondents, returnable after six weeks.

3.

The prayer for Hamdast is allowed.

(G. A. SANAP, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 26/04/2024 10:56:48