Vijay S/O Raghunath Badhe v. Manju W/O Kishor Baheti

2025:BHC-NAG:1734 1 48A-sa-36-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO. 36 OF 2025 Vijay S/o. Raghunath Badhe Vs.

Sau. Manju W/o. Kishor Baheti ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri Akshay Naik, Senior Advocate a/w. Shri Madhur Deo, Advocate for appellant.

CORAM :- M. W. CHANDWANI, J.

DATED :- 18.02.2025 Heard.

2.

This appeal challenges the concurrent finding of the Courts below. The suit of the respondent for specific performance of contract came to be decreed by the Trial Court and also confirmed by the Appellate Court on an appeal filed by the appellant.

3.

It is a matter of record that earnest amount has been paid through a cheque, which has been received by the appellant. Both the Courts below have recorded the findings of the fact that the transaction entered between the parties was an agreement to sell and not a money lending transaction.

4.

In view of the concurrent findings of the fact, no interference is required in the judgment and decree of RR Jaiswal

2 48A-sa-36-25.odt the Trial Court as well as the Appellate Court. Hence, no substantial question of law arises in the appeal and consequently, it is dismissed.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 21/02/2025 18:07:42 RR Jaiswal