Sudhakar Anandrao Dehankar ... vs Vilas Ramchandra Ladikar
2023 Latest Caselaw 3377 Bom

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

                        WRIT PETITION NO. 2187/2023
                Sudhakar Anandrao Dehankar (Dead) Through LRs
                                     Vs.
                           Vilas Ramchandra Ladikar

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

                                  Mr. P.V. Dandwate, Advocate for petitioners

                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 5th APRIL, 2023

Heard learned counsel for the petitioners.

2. The petition challenges the judgment by the learned Appellate Court dated 30/1/2023 (page

174), whereby the application below Exh.5, which was granted by the learned trail Court by the order 07/11/2017 (page 129), has been dismissed.

3. It is contended, that the father of the petitioner had entered into an agreement for purchase of the suit property on 06/10/1975 (page

40) in which the time period is mentioned as 6/10/1975 to 10/06/1976 for execution of the sale deed. Though the sale deed is not executed, the subsequent consideration has been received by the father of the respondent according to the endorsement on the reverse of the agreement (page

40). Though the agreement does not indicate

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delivery of possession of the suit property, the written statement filed by the respondent / defendant in para 2 (page 104), specifically admits the delivery of the possession of the suit property by the father of the defendant to the plaintiff and so also rights to construct the house thereupon, in pursuance to which construction was made and the original plaintiff was living in the suit property as owner thereof. It is therefore, contended, that in view of this admission, the learned Appellate Court could not have allowed the appeal as the petitioner / plaintiff, was admittedly in possession of the suit property in part performance of the agreement dated 06/10/1975, considering which issue notice for final disposal, returnable on 25/04/2023.

4. Till the returnable date, the effect and operation of the judgment of the learned Appellate Court dated 30/01/2023, stands stayed.

JUDGE MP Deshpande