Bombay High Court
Shivaji Shankar (Tanaji) Kasbe And Ors vs Shankar Lakhu Kasbe And Ors on 5 September, 2022
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
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