Sanjay Waman Sathe vs Shri. Sagar Dattatraya Sakhare ...
2021 Latest Caselaw 9370 Bom

                                                                            (33) WP-2911-21.doc

BDP-SPS-tac




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION
                              WRIT PETITION NO. 2911 OF 2021

              Sanjay Waman Sathe                         .... Petitioner.
                    V/s
              Shri Sagar Dattatraya Sakhare
              and Ors.                                   ..... Respondents
              ----
              Ms. Prachiti Deshpande for the Petitioner.
              ----
                               CORAM: NITIN W. SAMBRE, J.

DATE: JULY 16, 2021 P.C.:-

1] Heard the learned Counsel for the Petitioner.

2] Civil Appeal No.882 of 2016 was preferred by the

Petitioner/Defendant, questioning judgment and decree passed in

RCS No.1171 of 2006 thereby decreeing the suit partly to the

extent of ordering declaration that the Gift Deed dated 10/11/2005

executed by the Defendants No.2 and 3 in the name of Defendant

No.1 in respect of suit premises is null and void and thereby further

permanently restraining them from causing any transaction in

respect of the suit properties.

(33) WP-2911-21.doc

3] Submissions of the learned Counsel for the Petitioner are,

Petitioner/Defendant intends to amend the Written Statement

which can be done at any stage of the proceedings. According to

her, proposed amendment will not be taking the

Plaintiffs/Respondents by surprise.

4] In the aforesaid background, issue notice for final disposal to

Respondents, returnable on 23rd August, 2021.

5] In addition to Court notice, Petitioner is at liberty to serve the

Respondents by private notice through registered AD/Speed Post

and file affidavit of service before the returnable date.

( NITIN W. SAMBRE, J. )