1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 8565 OF 2004 IN SECOND APPEAL ST. NO. 8240 OF 2003 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : R. M. BORDE, J. DATE : 31 st August, 2009. 1 This is an application seeking condonation of delay of 20 days occurred in presenting the second appeal. 2 Heard Shri R.T. Nagargoje, learned counsel for the applicant and Shri A.S. Deshpande, learned counsel for respondent no. 1/ 2. For the reasons stated in the application, application deserves to be allowed and the same is accordingly allowed. Delay of 20 days occurred in presenting the second appeal stands condoned. Civil application stands disposed of. ( R. M. BORDE, J.) dyb / office /sast8240.03.odt 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL ST. NO. 8240 of 2003 Panditrao s/o Ganpatirao Parihar .. APPELLANT VERSUS Kondopant Bhujangrao Kuklkarni (deceased through LRs) & another .. RESPONDENTS Shri R.T. Nagargoje, Advocate for the appellant. Shri A.S. Deshpande, Advocate for respondent no 1 /2. ===== CORAM : R. M. BORDE, J. DATE : 31 st August, 2009. PER COURT : 1 This is an appeal by original plaintiff raising exception to the concurrent judgments recorded by the courts below. 2 Plaintiff instituted Regular Civil Suit no. 76/1986 claiming specific performance of agreement. According to plaintiff, defendant no. 1 is owner of land survey no. 37 admeasuring 14 acres and 6 gunthas situate at Wagholi. Defendant no. 1 on the day of Gudipadwa of 1980 agreed to alienate his land in favour of plaintiff for consideration of Rs.10,000/- and 3 accepted Rs.3,000/- as earnest amount. Agreement to sell was oral and, in the presence of respectable persons of the village defendant no. 1 agreed to sell the property in favour of the plaintiff. Plaintiff alleges that he was put in possession of the property, however, inspite of the oral assurance, defendant no. 1 was reluctant to execute the sale-deed in favour of the plaintiff. Defendant no. 1 however has entered into an agreement for alienating the property with defendant no. 2. Plaintiff had therefore no other option than to approach the court. As such, plaintiff presented suit in the year 1986. 3 Defendants appeared and controverted the contentions raised by the plaintiff. Defendant no. 1 has denied to have entered into oral agreement with plaintiff on having accepted Rs.3,000/- as earnest amount. Defendant has also specifically denied the contention of the plaintiff as regards his possession over the suit property. 4 Trial court after considering the oral evidence lead by the parties came to the conclusion that the plaintiff has failed to establish oral agreement alleged to have been entered into on Gudipadwa of 1980 between him and defendant no. 1. Plaintiff has also failed to establish his 4 possession in pursuance to the oral agreement entered into by him with defendant no. 1. Trial court thus dismissed the suit. Judgment and decree passed by the trial court was subjected to appeal at the instance of plaintiff being Regular Civil Appeal no. 169/1999 which came to be heard and disposed of by the 2 nd Adhoc Additional District Judge, Latur who was pleased to dismiss the same by judgment dt. 30-11-2002. 5 I have perused the judgments recorded by both the courts below. Both the courts below have recorded concurrent finding that the plaintiff has failed to establish existence of oral agreement between him and defendant no. 1. Plaintiff has also failed to establish his possession over the suit property. In my opinion, the view adopted by the courts below is reasonable one and does not call for any interference. No substantial question of law arises for consideration of the appeal. Appeal therefore stands dismissed summarily. 6 In view of dismissal of the appeal, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/sast8240.03.odt 5