: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.1014 OF 2007 SECOND APPEAL NO.1014 OF 2007 SECOND APPEAL NO.1014 OF 2007 Namdeo Jaysing Pisal ...Appellant V/s. Shivram Laxaman Vare & Ors. ...Respondents Mr.Prakash D. Gharge, Advocate, for the Appellant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 10TH JANUARY, 2008. DATE : 10TH JANUARY, 2008. DATE : 10TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocate appearing for the appellant. The Second Appeal is admitted on the following substantial questions of law :- (a). Whether the Appellate Court has committed an error by setting aside decree passed even against the original defendant No.6, though no Appeal was preferred by defendant No.6? (b). Whether the Appellate Court committed an error by holding that without seeking a decree of execution of conveyance against the original owner, the suit filed by the : 2 : appellant cannot be one for a specific performance of the contract? (c). Whether the Appellate Court has completely misread the plaint and has recorded an erroneous finding that there could not be a decree as against the original 2nd defendant in as much as on the basis of a compromise, original 1st defendant (sixth defendant) had already executed a sale deed in favour of the appellant? 2. Second Appeal is admitted on the above substantial questions of law. Printing is dispensed with. Private paper-book shall be filed within one year, failing which Appeal will stand dismissed for non-prosecution without further reference to the Court. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]