Shri. Ashok Agarwal vs Shri. Sudhakar Kashiram Phirke ...
2022 Latest Caselaw 11848 Bom

                                                                                      40-wp13886-2022.doc


                          Pallavi
                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally signed
                                                    CIVIL APPELLATE JURISDICTION
           by PALLAVI
           MAHENDRA
PALLAVI    WARGAONKAR
MAHENDRA
WARGAONKAR Date:

                                                    WRIT PETITION NO.13886 OF 2022
           2022.11.18
           19:12:07
           +0530




                                    Shri. Ashok Agarwal                             ...Petitioner
                                          Versus
                                    Shri. Sudhakar Kashiram Phirke and Ors.         ...Respondents
                                                               --------------
                                    Mr. Sagar M. Kursija, for the Petitioner.
                                                                 ---------------

                                                            CORAM:         MADHAV J. JAMDAR, J.

                                                            DATE:          NOVEMBER 18, 2022

                                    P.C.:

1. Heard Mr. Kursija, learned counsel appearing for the

Petitioner. He submits that he is defendent - judgment debtor in

the decree passed in Reg. Civil Suit No.10 of 1982. By the said

decree, the suit for specific performance filed by the Respondent

Nos.1 and 2 has been decreed by directing the defendant nos.1 to

3 to execute sale deed of the suit land to the extent of 16 Gunthas

in favour of the plaintiff i.e. Respondent Nos.1 and 2. However, in

the meanwhile, the said land has been acquired. He relies on

judgment of Supreme Court reported in (1977) 2 SCC 662 in the

matter of Sunder Dass Vs. Ram Prakash and judgment of Madhya

Pradesh High Court passed in Writ Petition no.2390 of 2017 in the

matter of Ishwardas Limje and Ors. vs. Dattu Digarse (Dead) Lrs.

40-wp13886-2022.doc

And Ors. He further states that the compensation amount for said

acquired land is not withdrawn by the Petitioner and the same is

lying with the Special Land Acquisition Officer. He submits that the

Petitioner is only sole claimant and the Petitioner will not

withdraw the amount lying with the Special Land Acquisition

Officer.

2. In view of these submissions, issue notice before admission

to the Respondents returnable on 16th December 2022. Till next

date, ad-interim relief in terms of prayer clause (d).

(MADHAV J. JAMDAR, J.)