Shivaji Shankar (Tanaji) Kasbe ... vs Shankar Lakhu Kasbe And Ors
2022 Latest Caselaw 8543 Bom

                                                                 2-WP-13996-2017.docx

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO.13996 OF 2017
          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
                       Shivaji Shankar (Tanaji) Kasbe
SHIVGAN   Date:
          2022.08.30
                       and Ors.                                             ..... Petitioners
          15:13:16
          +0530             Vs.
                       Shankar Lakhu Kasbe and Ors.                         ....Respondents

                                                       ....
                       Mr. Dilip Bodake with Mr. S.T.Bhosale with Mr. Suyash Khose for
                       the Petitioners.
                       Mr. Prabhanjan Gujar for the Respondent No.1.

                                              CORAM: SANDEEP K. SHINDE, J.

DATED : AUGUST 29, 2022

P.C.

1. Heard Mr. Bodake, learned counsel for the Petitioners

and Mr. Gujar, learned counsel for Respondents.

2. Petitioners/Plaintiffs instituted Regular Civil Suit

No.506 of 2013 for specific performance of the

contract/agreement dated 2nd December, 2005. Pending suit in

June, 2017, Plaintiffs moved an application purportedly under

Section 33 of the Maharashtra Stamp Act requesting Court to

impound the documents. That application was rejected by the

Trial Court on 4th October, 2017. Whereafter, this Petition was

instituted in December, 2017. It appears from the roznama that

Shivgan 1/2 2-WP-13996-2017.docx

the Petitioner sought circulation of the Petition in March, 2020,

however, thereafter, for the reasons known to him, Petition was

not circulated for consideration.

3. Mr. Gujar, learned counsel appearing for the

Defendants, on instructions, submitted that the document in

question has been tendered in the evidence by the Plaintiffs and

it is exhibited. Mr. Gujar submitted that suit is now slated for

pronouncing the judgment on 14th September, 2022. In

consideration of the aforesaid facts, I am not inclined to interfere

with the said order at this stage of the suit. For all these reasons,

Petition is dismissed.

                                         (SANDEEP K. SHINDE J.)




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