This Bench directed the Trial Court to decide a suit for specific performance within one year, finding that the lower courts recording factual possession was not perverse.
The Trial Court is directed to decide Civil Suit No. 170 of 2016 within one year, uninfluenced by impugned orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
34-wp-14287-2023.doc
Nikita
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.14287 OF 2022
Digitally signed byNIKITA NIKITA KAILAS KAILAS DARADE DARADE Date:2023.11.06 17:55:48 +0530
Abhay Dattatray Kulkarni and Ors.… Petitioners
V/s.
Vitthal Gopala Tibile… Respondent
Mr. Sandeep S. Koregave, for the Petitioner.
Mr. Shantanu Patil i/b Mr. Chetan G. Patil for
Respondent.
CORAM:AMIT BORKAR, J.
DATED:NOVEMBER 6, 2023
P.C.:
1.The defendant in a suit for specific performance is
challenging orders passed by the Courts below granting temporary
injunction application restraining petitioners from disturbing
possession of the respondents over the suit property.
2.On perusal of the impugned orders, it appears that based on
prima facie material, both the Courts below recorded a finding of
fact that plaintiff is in possession the of suit property. On perusal of
material on record, it appears that the finding does not suffer from
material irregularity or it cannot be termed as perverse.
3.Considering the nature of dispute between parties, it would
be in the interest of justice that the Trial Court be directed to
1
34-wp-14287-2023.doc
decide the suit within one year from today. Hence following order:
i) The Trial Court is directed to decide the Civil Suit No.170 of 2016 within one year from today.ii) It is made clear that Trial Court shall decide the suit uninfluenced by the impugned orders.4. The writ petition stands disposed of in above terms. No costs.
(AMIT BORKAR, J.)
2
1 issue framed by the court
Whether the Trial Court should be directed to decide the specific performance suit within one year without being influenced by the impugned interim orders.
Abhay Dattatray Kulkarni and Ors.
Vitthal Gopala Tibile
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court