LAWS(BOM)-2008-8-233

VITHOBA RAMJI PANSARE AGRICULTURIST Vs. HARI MAHADU KEKAN

Decided On August 05, 2008
VITHOBA RAMJI PANSARE AGRICULTURIST Appellant
V/S
HARI MAHADU KEKAN Respondents

JUDGEMENT

(1.) THIS is a Second Appeal filed by the original plaintiff impugning a judgment and order passed by the 6th Additional District Judge, Nasik on 10.1.1992 in Civil Appeal No.146 of 1986. By the impugned judgment and order the appellate Court has partly allowed an appeal filed by the original defendants and while dismissing the plaintiff's claim for specific performance, has passed a decree directing the defendants to pay an amount of Rs.8300/- in lieu of the alternate claim made by the plaintiff.

(2.) THE brief facts of the case were as follows:

(3.) BEING aggrieved by the judgment and order passed by the trial Court, the heirs of the original defendant filed Civil Appeal No.146/86 in the Court of the District Judge at Nasik. This appeal was filed against the decree of specific performance passed against them in RCS No.183/78.