Vide order dated 27.02.2007 on Civil Application No.
1253/2007, the appellants themselves at their risk deleted
respondent no.2 (one of the vendees) from the array of parties to
this appeal. I find that in the absence of respondent no.2 (one of
the vendees), the question cannot be raised by the appellants.
Even otherwise, grant of decree for specific performance of
contract in favour of five vendees together would not and cannot
be affected, if one of the proposed vendees is not a party to the
appeal before the District Judge. The rights of all the plaintiffs,
but for one, to ask for specific performance of contract merely
because one of the proposed vendees is not a party, cannot be
denied. It is not in dispute that all the vendees were party to the
suit. The other vendees would be entitled to execute the decree in
their favour. That apart, the learned counsel for the appellants did
not raise any arguments on question no.2 but since the question
was framed, the same is being answered by me.
In view of above, the question no.2 will have to be
answered in the affirmative.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
SECOND APPEAL NO.60/2007
Santosh s/o Nathu Vaidya, V Namdeo s/o Adkuji Budde,
CORAM: A. B. CHAUDHARI, J.
Dated : 04.04.2016
Citation: 2017(2) ALLMR 340
Print Page
1253/2007, the appellants themselves at their risk deleted
respondent no.2 (one of the vendees) from the array of parties to
this appeal. I find that in the absence of respondent no.2 (one of
the vendees), the question cannot be raised by the appellants.
Even otherwise, grant of decree for specific performance of
contract in favour of five vendees together would not and cannot
be affected, if one of the proposed vendees is not a party to the
appeal before the District Judge. The rights of all the plaintiffs,
but for one, to ask for specific performance of contract merely
because one of the proposed vendees is not a party, cannot be
denied. It is not in dispute that all the vendees were party to the
suit. The other vendees would be entitled to execute the decree in
their favour. That apart, the learned counsel for the appellants did
not raise any arguments on question no.2 but since the question
was framed, the same is being answered by me.
In view of above, the question no.2 will have to be
answered in the affirmative.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
SECOND APPEAL NO.60/2007
Santosh s/o Nathu Vaidya, V Namdeo s/o Adkuji Budde,
CORAM: A. B. CHAUDHARI, J.
Dated : 04.04.2016
Citation: 2017(2) ALLMR 340
