Shri Malkitsingh S/O Sadhusingh ... vs Smt. Nanda Wd/O Kamlakar Kale And ...
2022 Latest Caselaw 4043 Bom

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

                         WRIT PETITION NO.839/2019
                Shri Malkitsingh s/o Sadhusingh Mutar
                                  Vs.
              Smt. Nanda wd/o Kamlakar Kale and others.
_______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                        Court's or Judge's orders.
and Registrar's Orders.
              Shri S.G. Shukla, Advocate with Shri A.S. Shukla, Advocate for petitioner.
              Shri Sandeep Marathe, Advocate for respondent nos. 4 and 5.


                          CORAM : MANISH PITALE, J.

DATE : 13/04/2022.

1. During the course of argument, Shri Shukla, learned Counsel appearing for the petitioner submitted that his client i.e. Original plaintiff is ready to restrict his claim in the suit for specific performance only to an area of 3.6 acres, although the agreement pertains to execution of sale-deed for an area of 6 acres of land. He also submits that the petitioner is ready to make a statement that he shall not dispute the decree passed in favour of respondent nos.4 and 5 herein.

2. This Court is of the opinion that the petitioner must make such a statement on affidavit so that contentions raised on behalf of the petitioner can be considered in the light of 907 wp 839-2019.odt

judgments of the Hon'ble Supreme Court on which reliance is placed.

3. Let such an affidavit be filed within a period of two weeks from today. List this matter for further consideration on 27/04/2022.

JUDGE R.S. Sahare

Signed By:RANJANA SAMEER SAHARE

Signing Date:13.04.2022 19:02