BANDU NAGNATH GHONE Vs. SANTOSH SHIVAJIAPPA RESHME

JUDGEMENT

(1.) Present appeal has been filed by the original defendant No.2 to challenge the concurrent Judgment and decree. Present respondent No.1 is the original plaintiff who had filed Special Civil Suit No.135 of 2010 before learned Civil Judge, Senior Division, Latur for specific performance of contract and perpetual injunction. The said suit came to be partly decreed. The decree for specific performance was granted as against the defendant No.1 and the prayer of injunction was rejected.

(2.) It will not be out of place to mention here that the plaintiff had come with a case that there was an agreement to sell between him and defendant No.1, however defendant No.2 got himself added as party defendant No.2 during the pendency of the suit. After the suit was partly decreed, defendant No.2 came in appeal by filing Regular Civil Appeal No.12 of 2017 before learned District Court, Latur. The said appeal was heard by the District Judge -4, Latur and it came to be dismissed on 3/7/2020. The said Judgment and decree is challenged in this second appeal.

(3.) Heard learned Advocate Mr. S. C. Swami for appellant and learned Advocate Mr. S. M. Vibhute for respondent No.1. In order to cut short it is stated that both the learned Advocates have strongly supported their respective cases.