1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Second Appeal No. 178 of 2007 [B.Z. Watane Vs. Y.S. Deshpande] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Amol Mardikar, Advocate for the appellant. ----- CORAM : A.H. JOSHI, J. DATE : 31st October,2007. Heard. In the decree under challenge, the specific performance is refused and refund of consideration is ordered. Grant of relief of specific performance or refusal thereof is a matter of discretion of the Court. The declinement to exercise the discretion is not shown to be illegal. The appeal does not involve any Substantial Question of Law. It is accordingly dismissed. Judge |Hedau| 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Civil Application Nos. 4542 of 2007 and 4543 of 2007 IN Second Appeal No. 338 of 2007 [N.R. Thakre Vs. S.R. Agrawal] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. C.A. Joshi, Advocate for the appellant. ----- CORAM : A.H. JOSHI, J. DATE : 31st October,2007. Civil Applications do not survive. Judge |Hedau|