LAWS(BOM)-2018-1-184

JAYPRAKASH SITARAM GOEL Vs. SARUBAI NARAYAN MULIK

Decided On January 08, 2018
Jayprakash Sitaram Goel Appellant
V/S
Sarubai Narayan Mulik Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for both the parties.

(2.) By these Writ Petitions filed under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 29th April, 2017 passed by 8th Joint Civil Judge Senior Division, Pune, thereby rejecting the Petitioners' applications filed under Section 10 read with Section 151 of the Civil Procedure Code, for stay of their respective suits, filed against the Respondents for specific performance of contract.

(3.) It is submitted by learned counsel for the Petitioners that the present suits are filed by the Petitioners for specific performance of the agreement dated 26th December, 1994, executed by Respondent No.1 in favour of the Petitioners and for permanent injunction in respect of part and parcel of the land admeasuring 20,200 sq. meters bearing Survey No.16/2 situated at Village Vadgaonsheri, Taluka Haveli, District Pune. The Petitioners has paid more than 97% of the consideration amount and they are in possession of the suit property.