SHI MAHADEV SITARAM NAVALE and ORS. vs SSHRI BABURAO RAMCHANDRA NAVALE and ORS.

Judgment text excerpt

Digitally signed by VARSHA VARSHA VIJAY VIJAY RAJGURU RAJGURU Date: 2025.09.08 17:25:13 +0530 1-SA-10-1994 varsha IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 10 OF 1994 1. Shri Mahadeo Sitaram Navale, 2. Smt. Chaturabai Mahadeo Navale, Both Agriculturist, Resident of Shendurjane, Taluka Wai, District: Satara .... Appellants Versus 1. Shri Baputao Ramchandra Navale, deceased by his heirs. A. Smt. Manukabai Bapurao Navale, B. Gulab Bapurao Navale, C. Subhash Bapurao Navale, D. Shivaji Bapurao Navale, E. Smt. Suman Ramchandra Gaikwad, F. Smt. Nanda Sambhaji Jagtap, All of Adult and residing at Shendurjane, Taluka Wai, District Satara. 2. Pushpa Ankush Navale, 3. Yogita Ankush Navale, 4. Prabhakar Ankush Navale, All Agriculturist, Resident of Shendurjane, Taluka Wai, District Satara. .... Respondents Page no. 1 of 44 1-SA-10-1994 Mr. Amol Sakpal for Appellants. Ms. Riddhi Gurav i/b. Mr. Ashwin Kapadnis for Respondent Nos. 3 to 4. Mr. S.G. Deshmukh i/b. Mr. Ajit J. Kenjale a/w. Mr. Sai Rajendra Kadam for Respondent Nos. 1A to 1F. CORAM : GAURI GODSE J. RESERVED ON: 8th MAY 2025 PRONOUNCED ON: 8th SEPTEMBER 2025 JUDGMENT :- Basic Facts: 1. This second appeal is preferred by the original defendants to challenge the judgment and decree passed by the first appellate court for specific performance of an agreement executed by the defendants in favour of Ankush Navale. After the execution of the agreement, Ankush expired. The respondents are the original plaintiffs. Plaintiff no. 1 is the father of Ankush, plaintiff no. 2 is the widow of Ankush and plaintiff nos. 3 to 5 are the children of Ankush and plaintiff no. 2. The second appeal was admitted on 10 th January 1994 on the following substantial questions of law. Page no. 2 of 44 1-SA-