DATTU BABAJI SHINDE Vs. MARUTI KRISHNA SHINDE

JUDGEMENT

(1.) This second appeal is preferred by the heirs and legal representatives of defendant no.1 ('defendant') to challenge the concurrent judgments and decrees granting specific performance in favour of the deceased respondent ('plaintiff'). Respondent nos. 1 to 6 are the heirs and legal representatives of the original plaintiff. The defendant is directed to get permission from the Collector and execute a sale deed in favour of the plaintiff by accepting the balance consideration amount. By the impugned decree, the defendant is restrained from interfering with the plaintiff's possession of the suit property. The trial court's decree is confirmed in an appeal preferred by the defendant. Hence, this second appeal.

(2.) By order dtd. 30/6/1988, the second appeal is admitted on the following substantial question of law:

(3.) By order dtd. 2/1/2025, the following additional substantial questions of law are framed in view of the proviso to sub-sec. 5 of Sec. 100 of the Civil Procedure Code, 1908 (" the CPC "):