Manoj S/O Bisandas Kamnani vs Anuradha W/O Arunkumar Jain
2022 Latest Caselaw 6578 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                          WRIT PETITION NO. 2534 OF 2022
                    (Manoj Bisandas Kamnani V/s Anuradha Arunkumar Jain)


Office Notes, Office Memoranda of                    Court's or Judge's orders
Coram, Appearances, court's orders or
directions and Registrar's orders


                                  Mr. K. K. Nalamwar, Advocate for Petitioner.
                                                   ------

                                  CORAM        : MANISH PITALE, J.

                                  DATE         : JULY 12, 2022.

               .              Heard learned Counsel for the Petitioner.

2. By this Petition the Petitioner is challenging judgment and order dated 4/3/2021 passed by the Adhoc District Judge-3, Nagpur, whereby order passed by the Small Causes Court has been reversed and suit filed by the Respondent has been partly decreed. The Petitioner has been directed to handover possession of the suit premises to the Respondent.

3. The learned Counsel for the Petitioner raised various contentions, including the fact that the small causes court had framed specific issue as regards maintainability of the suit, in view of an Agreement to sale executed between the parties.

               Yadav VG
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According to the Petitioner, in terms of the Agreement, an amount of ₹ 10.00 Lacs as part-payment of the consideration was paid to the Respondent. The appellate court has not adverted to this aspect of the matter and points framed for consideration also do not refer to the same. It is further contended on behalf of the Petitioner that he is in possession of the suit property and that he is paying an amount of Rs.15,000/- per month to the Respondent.

4. Issue notice for final disposal to the Respondent, returnable on 13th September, 2022.

5. In the meanwhile, there shall be ad-interim stay in terms of prayer clause - (iv) of the Petition.

(MANISH PITALE, J.)

Digitally Signed ByVIJAYA GOURISHANKAR YADAV Signing Date:12.07.2022 18:46 Yadav VG