Ramdas S/O Garbad Borse vs Chamelibai Bhagwat Dhangar And ...
2021 Latest Caselaw 10960 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH AT NAGPUR

                   WRIT PETITION NO. 1302/2018
      (Ramdas Garbad Borse vrs. Kodu Motiram Niloe through L.Rs. )
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          Shri S.G.Joshi, Advocate for petitioner
          Shri V.R.Choudhari, Advocate for Respondent Nos. 1(A) to 1(H)




                           CORAM : AVINASH G. GHAROTE, J.

DATE : 12/08/2021

Mr. Joshi, learned counsel for the petitioner submits, that issue in the present case, is interlinked with Writ Petition No. 5198/2013, which has been admitted by this Court on 25.06.2014, in which the rejection of the application for condonation of delay in depositing the balance consideration amount as per the judgment and decree passed in Special Civil Suit No. 75/2001, was rejected. It is contended by Mr. Joshi that the possession of the suit property has been with the petitioner since 18.03.1991.

This position is not disputed by learned counsel Mr. Choudhari, for the respondents. It is, however, his submission that an application for rescission of the contract was filed by the respondent, which came to be allowed by the learned trial Court on 27.11.2014 and therefore, the petitioner is no longer entitled to retain possession.

Since the issues are interlinked and the parties are the same, it would be appropriate that both the matters be heard and decided together. Since Writ Petition No. 5198/2013 is of an odd year,

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the learned counsel for the petitioner shall have to move counsel note/precipe for clubbing both the matters. The same be done within a week from today and appropriate orders be sought.

If the same is done, list both the matters for final disposal on 30th August, 2021.

JUDGE

Rvjalit