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2024 DIGILAW 1407 (SC)

Raju Narayanrao Ujjenkar v. Himmatrao Uttamrao Nichal

2024-12-20

PRASANNA B.VARALE, VIKRAM NATH

body2024
ORDER : 1. Heard Mrs. Kalyani Bhide Gharote, learned counsel for the petitioner and Ms. Manisha T. Karia, learned senior counsel appearing for the respondent. 2. We are not inclined to interfere with the findings of the courts below declining to grant decree of specific performance. However, the directions for refund of the advance amount of Rs. 5,000/- (Rupees Five Thousand only) to the petitioner at the rate of 6% p.a. in our opinion, is on the lower side. 3. Accordingly, we dispose of this petition with a direction to the respondent to pay a lumpsum amount of Rs. 50,000/- (Rupees Fifty Thousand only) to the petitioner in lieu of the advance and the interest thereon, within a period of eight weeks from today and file proof of such payment within twelve weeks. 4. Pending applications, if any, shall stand disposed of.