SHARADA NANASAHEB PATIL Vs. APPASO JIVAPPA CHOUGULE

JUDGEMENT

(1.) This Second Appeal under Section 100 of CPC is filed by the original defendant nos.3 to 7 and is directed against the judgment and order dated 31.12.1990 in Regular Civil Appeal No. 252 of 1986. By the impugned judgment, the learned Addl. District Judge, Kolhapur has set aside the judgment and decree of the trial court in the Regular Civil Suit No.31 of 1981, and thus decreed the civil suit for specific performance filed by the Respondent no.1-plaintiff.

(2.) For the sake of convenience, the Respondent no.1-Appaso shall be referred to as the Plaintiff, the Respondent No.2-Lakshmibai and her son Mohan-the deceased Respondent No.2(a) shall be referred to as Defendant nos.1 and 2 respectively, the appellant Nos. 1 to 3 shall be referred to as Defendant Nos.3 to 5 , and Appellant Nos.4 and 5 shall be referred to as Defendant Nos.6 and 7 respectively.

(3.) The subject matter of the suit for specific performance is the house property bearing survey nos. 3119 admeasuring 108.6 sq. meter and City Survey No. 3120 admeasuring 31.5 sq. meters situated at Mauje Kagal, which shall be hereinafter referred to as the suit property.