PRABHAKAR BAPURAO FANSALKAR Vs. ANJALIBEN NIKHILCHANDRA MEHTA

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order passed by the learned Single Judge of this Court dated 29.08.1998 in Special Civil Application No.13/98 whereby the learned Single Judge has modified the award passed by the Tribunal by observing that instead of specific performance of the contract and direction to hand over the possession, the same would be substituted by the award of compensation of Rs.3 lakhs to be paid by the petitioners to the respondent no.1 in installments as mentioned in para 16 of the said judgment.

(2.) WE have heard Mr. Kogje, learned counsel appearing for the appellant and Mr. Chhatrapati for respondents no.1 and 2original petitioners.

(3.) IT has been prayed by the respective advocates that the appeal may be disposed of by this Court with the further observation that in the event there is any breach, the appellant should be at the liberty to resort to appropriate proceedings for ensuring compliance or some additional cost or the interest and other proceedings as this Court may find it proper and if the aforesaid consent terms are taken on record and the judgment of the learned Single Judge is modified to that extent, the appellant and the respondents no.1 and 2 would be satisfied since in any case, on behalf of the society, though Mr. Pandya has filed his appearance, nobody has made any submission.