Dattatrya Bapurao Solanke v. Swati Ganpatrao

928 SA NO. 447 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 447 OF 2025 Dattatrya Bapurao Solanke

VERSUS

Swati Ganpatrao ...

WITH CIVIL APPLICATION NO. 13264 OF 2025 IN SA/447/2025 ...

• Mr. Shrikant Baburao Madde, Advocate for Appellant • Mr. R. D. Kawade, Advocate for the Respondent ...

CORAM : MEHROZ K. PATHAN, J.

DATED : 16.01.2026 PER COURT :

1.

The present Second Appeal arises out of a suit filed by the plaintiff for specific performance of contract. The learned Civil Judge, Senior Division, Ahmedpur, decreed the suit by directing the defendant to execute the sale deed in favour of the plaintiff within a period of 30 days, subject to the plaintiff depositing the balance consideration of Rs. 1,00,000/- (Rupees One Lakh only). 2.

The defendant preferred an appeal before the learned District Judge, Ahmedpur. The learned Appellate Court partly allowed the appeal and directed the plaintiff to deposit an enhanced amount of Jhs/ 1/2

928 SA NO. 447 OF 2025 Rs. 5,00,000/- towards the price of the suit property on or before 01.12.2025, and further directed the defendant to execute the sale deed with delivery of possession in respect of Gat Survey No. 11/20 admeasuring 1 Hectare 05 R, situated at village Kokanga, Taluka Ahmedpur, District Latur.

3.

Learned counsel for the original plaintiff, Mr. R. D. Kawade, submits that the plaintiff has complied with the said direction and has deposited the amount of Rs. 5,00,000/- on 26.11.2025. 4.

Upon perusal of the orders passed by both the Courts below, I am of the view that the dispute can be amicably resolved. Accordingly, Mr. N. B. Khandare is appointed as Mediator to explore the possibility of settlement between the parties. 5.

The parties shall appear before the learned Mediator on 20.01.2026.

6.

The learned Mediator shall endeavour to submit a report within a period of three weeks thereafter.

( MEHROZ K. PATHAN, J. ) Jhs/ 2/2