Sau. Preeti W/O. Suresh Sippani vs Shashikant S/O Keshavrao Bodad ...
2021 Latest Caselaw 3533 Bom

                                        1                                  240221wp1073.21.odt


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

                             WRIT PETITION NO. 1073 OF 2021
                          SAU. PREETI W/o SURESH SIPPANI
                                      VERSUS
                   SHASHIKANT S/op KESHAVRAO BODAD AND OTHERS
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Office Notes, Office Memoranda of                           Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                        Mr. M. Anilkumar, Advocate for the petitioner

                                 CORAM : V. M. DESHPANDE, J.

DATE : FEBRUARY 24, 2021.

1. Heard Mr. M. Anilkumar, learned counsel for the petitioner.

2. The learned counsel submits that the suit filed by the petitioner for specific performance of the contract was decreed by the learned 13th Civil Judge, Junior Division, Nagpur on 16.01.2013. According to him, the original defendant no.5 (respondent no.1), filed an appeal challenging the said judgment and decree in the year 2018, which was obviously barred by limitation. Therefore, the appeal was accompanied by the application under Order 5 of the Limitation Act. The application is allowed by the learned District Judge-12, Nagpur on 02.01.2021 and condoned the delay. The said order is impugned in this petition.

3. Issue notice before admission to the respondents, returnable after four weeks.

                                                                 JUDGE
       Diwale
                                                                                     Digitally signed

                                                                     Parag           by Parag
                                                                                     Diwale

                                                                     Diwale          Date:
                                                                                     2021.02.24
                                                                                     16:56:30 +0530