Ashok Lalchand Jain And Ors vs Sitabai Dharmraj Dhivare And Anr
2021 Latest Caselaw 5932 Bom

                                                             20-1-FAST-5150-21.doc

Sharayu Khot.
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                        FIRST APPEAL (ST) NO. 5150 OF 2021


     Shri. Ashok Lalchand Jain & Ors.                      ...Appellants

             Versus

     Smt. Sitabai Dharmraj Dhivare & Anr.                  ...Respondents

                                      ----------
     Mr. Jayendra Dadaji Khairnar for the Appellants.
                                      ----------

                                      CORAM :           K.K. TATED &
                                                        R.I. CHAGLA, JJ.

                                      DATE         :    1 April 2021

     ORDER :

1. Heard the learned Counsel Mr. Khairnar for the

Appellants.

2. Office note shoss that limitation expired in lock-

dosn, hence, First Appeal is in time.

3. By this First Appeal, the Appellants challenge the

judgment and decree dated 6th March 2020 passed by the Civil

Judge, Senior Division, Malegaon, partly allosing the Special

20-1-FAST-5150-21.doc

Civil Suit No. 31 of 2014 and rejecting the Appellants' prayer

for specific performance of contract.

4. Considering the submissions made by the learned

Counsel for the Appellants and impugned judgment and decree,

se are satisfied that the Appellants have made out the case for

the follosing order:-

(i) Admit.

(ii) Printing dispensed sith.

(iii) The Appellants to file private paper book sithin a

period of one year, failing shich, the First Appeal shall

stands dismissed sithout further reference to the

Court.

(iv) Registry is directed to call record and proceedings

immediately.

[R.I. CHAGLA J.]                               [K.K. TATED, J.]