Suhas S/O Prakashrao Joshi vs Sanjay S/O Shankarsa Mamarde And ...
2022 Latest Caselaw 13461 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR
                              WRIT PETITION NO. 8316/2022
             (Suhas S/o. Prakashrao Joshi Vs. Sanjay S/o. Shankarsa Mamarde & ors.)

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Office Notes, Office Memoranda of Coram,                            Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                              Mr. J.M. Gandhi, Advocate for petitioners.




                                        CORAM : VINAY JOSHI, J.

DATED : 22/12/2022.

Heard.

2. The petitioner (plaintiff) has filed suit for specific performance of contract. The respondent (defendant) filed written statement virtually admitting suit claim. In view of that the petitioner applied to the Trial Court for judgment on admission in terms of Order XII Rule 6 of the Code of Civil Procedure ('CPC'). However, it was rejected which is impugned herein.

3. The impugned order indicates that though the defendant initially filed a written statement conceding the prayer made in suit, however later on, defendant has withdrawn all his admission by reply Exh.71. It is petitioner's contention that once admission given in written statement, it cannot be withdrawn and thus, the Trial Court erred in rejecting application.

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4. Issue notice to the respondents returnable after four weeks.

5. In the meantime, there shall be interim relief in terms of prayer clause (ii) of the petition.

(VINAY JOSHI, J.) Gohane

Digitally signed by JITENDRA JITENDRA BHARAT BHARAT GOHANE GOHANE Date:

2022.12.23 12:55:35 +0530