AMIT VIJAY BHATEWARA vs AVINASH VINAYAK PATWARDHAN AND ANR

Judgment text excerpt

-SA401-2022+.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 401 OF 2022 Amit Vijay Bhatewara ...Appellant Versus Avinash Vinayak Patwardhan & Anr. ...Respondents WITH SANTOSH INTERIM APPLICATION NO. 3044 OF 2022 SUBHASH IN KULKARNI SECOND APPEAL NO. 401 OF 2022 Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.01.28 20:13:43 +0530 Mr. Kaustubh Thipsay a/w Ms. Ketki Gadkari, for the Appellant. Ms. Shirin Merchant a/w Farinaz Pathan, for the Respondents. CORAM: N. J. JAMADAR, J. Reserved On: 21st JANUARY, 2026 Pronounced On: 28th JANUARY, 2026 JUDGMENT:- 1. Heard the learned Counsel for the parties. 2. This second appeal is directed against a judgment and decree dated 31st March, 2022 passed by the learned District Judge, in Regular Civil Appeal No.104 of 2019, whereby the appeal preferred by the appellant – plaintiff against a judgment and decree in Special Civil Suit No.835 of 2010, dismissing the suit for specific performance, came to be dismissed by affirming the decree passed by the trial Court. 1/15 -SA401-2022+.DOC 3. Shorn of superfluities the background facts can be stated as under: 3.1 The defendants - respondents are the owners of Flat No.2 alongwith a parking lot in Tridal Co-operative Society Ltd., Prabhat Road, Pune, (“the suit flat”). The defendants entered into a registered agreement to sell the suit flat for a consideration of Rs.50,00,000/-. A sum of Rs.1,00,000/- was accepted thereunder as part consideration. The balance amount was agreed to be paid at the time of execution of conveyance. The possession of the suit flat was also agreed to be delivered upon payment of balance consideration and execution of conveyance. The parties agreed, inter alia, that the defendants - transferors shall obtain