Shivaji Shankar (Tanaji) Kasbe ... vs Shankar Lakhu Kasbe And Ors
2022 Latest Caselaw 8784 Bom

             Tikam                             1/3
                                                             NOB WP 13996 of 2017

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                             CIVIL APPELLATE JURISDICTION
VAISHALI
ANIL                       WRIT PETITION No. 13996 OF 2017
TIKAM

             Shivaji Shankar (Tanaji) Kasbe
Digitally
signed by    and Ors.                                         ...Petitioners
VAISHALI
ANIL TIKAM        Vs.
Date:
2022.09.05   Shankar Lakhu Kasbe and Ors.                     ...Respondents
17:51:37
+0530

                                              ****

             None for Petitioners
             Mr. P.B. Gujar for Respondents

                                       Coram : Sandeep K. Shinde, J.

Dated: 5th SEPTEMBER, 2022.

P.C. :

1. Not on board. Upon producing Praecipe, taken on

board.

2. Praceipe is produced for speaking to the minutes of

the order dated 29th August,2022. It is stated that in paragraph

No. 3, 5th line, instead of the words 'suit is now slated for pro-

nouncing the judgment', the words 'suit is now slated for fi-

nal hearing' be substituted. Order is accordingly corrected.

                                                     (Sandeep K. Shinde, J.)
 Tikam                       2/3
                                          NOB WP 13996 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.13996 OF 2017

Shivaji Shankar (Tanaji) Kasbe and Ors. ..... Petitioners 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 Tikam 3/3 NOB WP 13996 of 2017

Petition was instituted in December, 2017. It appears from

the roznama that 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 final hearing 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.)

Corrected order as per the order for speaking to the minutes of the order dated 5/9/2022