GAJANAN Vs. GOVINDA

JUDGEMENT

(1.) The present appeal is directed, against judgment and order dated 6.8.2012, passed by the learned Ad hoc District JudgeI, Khamgaon, in Regular Civil Appeal No.8 of 2008, which was dismissed, which arose from judgment and order dated 12.12.2007, passed by the learned Second Joint Civil Judge Junior Division, Khamgaon, in Regular Civil Suit No.48 of 2003, whereby the suit for specific performance was decreed.

(2.) Heard the learned counsel appearing for both the parties at bar.

(3.) Shri P.S.Wathore, learned counsel appearing for appellant Gajanan S/o Namdeo Jumle (defendant No.2), contends that there is substantial question of law on the ground that the Courts below could not have passed the decree directing the defendants to deliver the possession of the suit land to respondent No.1 Govinda S/o Namdeo Jumle (plaintiff) when sale deed dated 27.1.2003 obtained by the appellant was not challenged and sought to be cancelled.