Aniket Mahendra Mandhare vs Sukhdev Dattatray Waje

Judgment text excerpt

SA.62.2025 C3.doc Digitally signed by ANANT ANANT KRISHNA IN THE HIGH COURT OF JUDICATURE AT BOMBAY KRISHNA NAIK CIVIL APPELLATE JURISDICTION NAIK Date: 2025.07.11 13:33:22 SECOND APPEAL NO. 62 OF 2025 +0530 WITH INTERIM APPLICATION NO. 1032 OF 2025 IN SECOND APPEAL NO. 62 OF 2025 1. Aniket Mahendra Mandhare Age: 26 years, Occu: Business R/at: 145, Kothrud Pune – 411038 2. Amar Eknath Pathare Age: 35 years, Occ: Business R/at: Near Talathi Office, Rahatani, Pune : 411038 ...Appellants/Applicants Versus 1. Sukhdev Dattatray Waje Age: 48 years, Occ: Agriculturist 2. Jagan @ Jagannath Dattatray Waje Age: 46 years, Occ: Agriculturist, Both R/at: Pusane, Taluka- Maval District – Pune 410 401 .....Respondents **** Mr Jaydeep Deo a/w. Mr. Onkar Gawade for the Appellants/Applicants Mr. Drupad Patil a/w. Mr. Ajay Jaybhay for the Respondents. **** CORAM : M. M. SATHAYE, J. DATED : 9th JULY 2025. JUDGEMENT: 1. Heard learned Counsel for the parties. akn 1/16 SA.62.2025 C3.doc 2. This Second Appeal is filed challenging the Judgement and Decree dated 09/10/2024 passed by the District Judge – 1, Vadgaon, Maval, Pune in Regular Civil Appeal No. 14 of 2024 confirming order dated 10/01/2024 passed below Exh. 14 by the Civil Judge, Senior Division, Vadgaon, Maval, Pune in Special Civil Suit No. 1162 of 2022 rejecting the plaint under Order VII Rule 11 (a), (b), (c) & (d) of the Code of Civil Procedure, 1908 (for short “the CPC”). 3. By an order dated 28/01/2025, following substantial questions of law were framed and notice for final disposal was issued : (i) Whether both the Courts erred in not considering the cause of action pleaded by the plaintiff which was common for the prayer of specific performance and alternative relief of refund of earnest money and compensation? (II) Whether bot