IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.236/2010 SHRIRAM PAPINWAR ..V.S. SAU. SUMANBAI DHONDBA CHANDAPURE Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 30/8/2010 Heard Shri Bhide, the learned counsel for the appellant and Miss. F.N. Haidari, the learned counsel for the respondent. The second appeal is admitted on the following substantial question of law: Whether the courts could have decreed the suit for specific performance of contract of sale of the year 1990, filed in the year 2004, for the consideration fixed in the agreement to sale, thought the grant of a decree of specific performance in favour of the plaintiff gave an unfair advantage to the plaintiff over the defendant? Call R & P. Miss. Haidari, the learned counsel for waives notice of final hearing on behalf of respondent. Hearing of the second appeal is expedited. JUDGE CIVIL APPCIATION CAS NO.425/2010 Heard learned counsel for the parties. Perused the judgment passed by the courts. Since the second appeal is admitted on the substantial question of law, it would be necessary to stay the effect and operation of the judgments passed by both the courts during the pendency of the second appeal. Judgments passed by both the courts are therefore stayed during the pendency of the second appeal. The civil application is allowed and disposed of. JUDGE SMP.