LAWS(BOM)-2006-6-99

HARI RAMJI Vs. MAHADU KERBA TEKALE

Decided On June 23, 2006
HARI RAMJI Appellant
V/S
MAHADU KERBA TEKALE Respondents

JUDGEMENT

(1.) This Second Appeal no. 244 of 1985 is directed against the judgment and decree passed in Regular Civil Appeal no. 389 of 1983 by the learned District Judge, nanded on 29th October, 1985. Learned district Judge, Nanded held that due to failure of the plaintiff to deposit the balance amount of the sale consideration within the time stipulated by the trial Court, the suit, after the expiry of the given period automatically, stood dismissed. The learned District Judge. Nanded further held that the appeal thus, became infructuous and is, therefore, disposed of accordingly, in the light of the matter, without disturbing the judgment and decree of the trial court.

(2.) The facts,in short, may be summarised, as follows :

(3.) The second appeal was listed for admission before this Court on 8th November, 1985. This Court admitted the second appeal in the following substantial question of law :