Housabai Sahadu Dhadge Died Thr Lrs ... vs Chandrakant Damodhar Rahatekar And ...
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Bombay High Court

Housabai Sahadu Dhadge Died Thr Lrs ... vs Chandrakant Damodhar Rahatekar And ... on 2 February, 2024

                                         1                                907


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

            907 WRIT PETITION NO. 1095 OF 2024
HOUSABAI SAHADU DHADGE DIED THR LRS BABAB SAHADU DHADGE
                              VERSUS
     CHANDRAKANT DAMODHAR RAHATEKAR AND OTHERS
                                 ...
      Advocate for the Petitioner : Mr. Gandhi Amol Subhash
                                 ...
                                CORAM : ARUN R. PEDNEKER, J.

                                     DATE      : 02nd FEBRUARY, 2024
PER COURT:

1.           Heard.

2. The suit for specific performance of contract is specifically held against the plaintiff / petitioner herein and in the counter claim filed by the defendant it was held that the lease deed executed by Geetabai was illegal and the counter claim was allowed. The appeal against the said order is also dismissed. In the execution filed, the learned counsel submits that to the extent of share of the Geetabai at least agreement to sale should have been upheld by the court. However, the trial court so also the appellate court has dismissed the same. As regards the lease deed he submits that to the extent of the share of the Geetabai the lease should be upheld. He submits that he would produce some judgments to show the legal position that even if the suit itself is dismissed, the objection can be upheld in execution.

3. List this matter on 05.02.2024.

[ARUN R. PEDNEKER, J.] marathe