ASGARALI KASAM NAREJA Vs. NODE HUSSAIN ALIMAMAD

JUDGEMENT

(1.) On 13/8/2024, this Court passed following order:-

(2.) Learned advocate Ms. Nameera Dosani appearing for learned advocate Mr. Aftabhusen Ansari for the appellant submits that the appellant is not willing to deposit the amount as stated in order dtd. 13/8/2024 and requests to pass necessary order.

(3.) This Second Appeal filed u/s 100 of the CPC challenges concurrent findings arrived at by the learned Courts below, whereby the learned trial Court, Bhuj in Special Civil Suit No.7 of 2018, by judgment and decree dtd. 27/1/2023, partly decreed the suit of the respondent plaintiff and directed the appellant defendant to pay an amount of Rs.6.00 lakh to the plaintiff along with interest at the rate of 9% per annum from the date of filing of the suit till realization instead of granting decree of specific performance. Said judgment and decree passed by the learned trial Court has been confirmed and approved by the learned appellate Court vide judgment and decree dtd. 31/5/2023 in RCA No.72 of 2023.