RAMESHLAL GURUDASMAL ADWANI vs GAJANAN DADOBA PAWAR AND ORS

Judgment text excerpt

203.874.16 ao.docx Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 874 OF 2016 Rameshlal Gurudasmal Adwani Since deceased by his legal heirs and representatives. Vinod Rameshlal Adwani Age: 45 years, Occ: Business Residing at Plot No. 20, C.S. No. 262, E Ward, Hindurao Ghatge Colony, Kadamwadi Road, Kolhapur – 416003 ….Appellant Vs. 1. Gajanan Dadoba Pawar Age: 69 years, Occ: Retired Residing at Sardar Park, Devkar Panand, Plot No. 1, Kolhapur. 2. Ajeet Ganpatrao Mogale, Age: 59 years, Occ: Service Residing at 1736, E-Ward, Rajarampuri, 6th Lane, Kolhapur. 3. Prashant Gajanan Pawar, Age: 36 years, Occ: Developer Residing at 904/1, ‘A’ Ward, Sardar Park, Devkar Panand, ….Respondents Kolhapur. Ms. Anjali N. Helekar a/w Ms. Anu Kaladharan a/w Ms. Astha Arya for the appellant Mr. Bhushan Jadhav i/b Mr. Mandar Bagkar for respondent no. 1 Mr. Bhooshan Mandlik for respondent no. 2 Mr. Chetan G. Patil for respondent no. 3 1/29 203.874.16 ao.docx CORAM : GAURI GODSE, J. DATE : 24th JULY 2025 ORAL JUDGMENT: Basic facts: 1. This appeal is preferred by the plaintiff to challenge the judgment and order passed by the first Appellate Court remanding the suit to the Trial Court for deciding it afresh. The Appellate Court has set aside the decree for declaration and specific performance passed by the Trial Court in favour of the plaintiff and remanded the matter to the Trial Court to frame issues and permitted the parties to lead evidence and decide the suit de novo. Submissions on behalf of the appellant (plaintiff): 2. Learned counsel for the appellant submits that the suit was filed for specific performance of an agreement dated 11 th September 2002, executed by defendant no. 2 in favour of the plaintiff. During the subsistence of th