Laxman Gulabrao Chidam vs Rambhau S/O Gulabrao Chidam
2021 Latest Caselaw 7908 Bom

12-CAO-115-21                                                                                                                1/1


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

                             CIVIL APPLICATION (CAO) NO.115 OF 2021
                                                IN
                           MISC. CIVIL APPLICATION ST. NO.1896 OF 2021
                                                IN
                               WRIT PETITION NO.4469 OF 2009 (D)

                               Laxman Gulabaro Chidam, Parvati Nagar, Nagpur
                                                              -vs-
                           Rambhau s/o Gulabrao Chidam, Parvari Nagar, Nagpur
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

None for applicant.

Shri A. S. Dhore, Advocate for non-applicant.

CORAM : A. S. CHANDURKAR J.

DATE : June 15, 2021

None for the applicant.

Shri A. S. Dhore, learned counsel for the non-applicant submits that the judgment in the case of Durga Mohan Joshi vs. International Metal Industries and ors. AIR 1984 Bombay 314 on which the applicant seeks to rely is with regard to a decree passed in a suit for recovery of money. In the present case the suit was for specific performance and the trial Court has passed a conditional decree. Hence the Executing Court was justified in extending the time to deposit the balance consideration. In these facts the aforesaid decision is distinguishable.

Since the learned counsel for the applicant is not available today, one opportunity is given to him.

Stand over 02/07/2021.

JUDGE Asmita