GANESH KASHIRAM Vs. SANTOSH CHOTURAM MOGARE

JUDGEMENT

(1.) The present Writ Petition challenges the validity and propriety of order dated 07th November 2016 passed by the learned District Judge - 8, Nashik in Regular Civil Appeal No.5 of 2014. By the said order, the learned Appellate Court framed a fresh / new issue viz. "To whom greater hardship will be caused by grant of specific performance than to refusal ?" i.e. issue relating to comparative hardship as contemplated under Section 20 Sub-Clause 2 (b) of the Specific Relief Act, 1963 (hereinafter referred to as "the Act"). As a consequence of this, the learned Appellate Court remanded the suit for trial on the aforesaid issue under Order 41 Rule 25 of the Code of Civil Procedure, 1908. The petitioners were the original plaintiffs and the respondent is the original defendant before the Trial Court in Special Civil Suit No.33 of 2008.

(2.) The brief facts of the case to appreciate the lis between the parties are as follows: -

(3.) At this stage, it would apposite to state the provision of Order 41 Rule 25 of the Code of Civil Procedure, Order 41 Rule 25 reads Thus: -