1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.662 OF 2008 WITH CIVIL APPLICATION NO.1734 OF 2008 Chandrakant Krishnarao Pawar .. Appellant V/s Jaysing Shripati Pawar since deceased, through his legal representatives Sambhaji Jaysing Pawar & Ors. .. Respondents Mr.N.V.Bandiwadekar for the Appellant. Mr.Vikas Kolekar for the Respondents. CORAM: R.G.KETKAR, J. DATE: 20th August, 2011. P.C.: SECOND APPEAL NO.662/2008: 1. Heard Mr.Bandiwadekar, learned counsel for the Appellant and Mr.Kolekar, learned counsel for the Respondents. Second Appeal is admitted on the following substantial questions of law:- (i) Whether the Courts below were justified in dismissing the counter claim of the Appellant/original Defendant for specific performance of the agreement dated 19.09.1992 on the ground that the same is barred by law of limitation? 2 (ii) Whether the Courts below were justified in dismissing the counter claim of the Appellant for specific performance of the agreement dated 19.09.1992 by relying upon Article 54 of the Limitation Act, 1963? (iii) Whether the Courts below committed error in disbelieving the payments made by the Appellant under Exhibits 82, 85 and 86, particularly when Respondent No.2, original Plaintiff No.2 Sambhaji, did not enter into the witness box? 2. Printing is dispensed with. Appellant shall file private paper book within one year from today. Mr.Kolekar waives service on behalf of the Respondents. CIVIL APPLICATION NO.1734 OF 2008: Heard learned counsel for the parties. Today the second appeal is admitted. In view of this, Civil Application is allowed in terms of prayer clause (a). Costs in the cause. (R.G.KETKAR, J.)