Writ petition against orders rejecting the petitioner's CPC applications in a specific performance appeal to bring on record a correction deed as fresh evidence and amendment. The High Court found no ground for interference since it would introduce a new defence, and dismissed the petition.
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.
901-wp-5490-24(j).odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
Writ Petition (WP) No. 5490 of 2024
Sudhir S/o Charandas Somkuwar
Versus
Smt. Urmila W/o Sanjay Wasnik
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order
Shri S.P.Bhandarkar, Advocate along with Shri Vikas J Dharkar, Advocate for the petitioner.
Shri Amol Mardikar, Advocate along with
Shri A.N.Rangari, Advocate for the respondent.
CORAM : N.R.BORKAR, J. DATED : 13th DECEMBER, 2024.
This petition takes exception to the common
order dated 3rd August, 2024 passed by the District
Judge-5, Nagpur below Exhibits 15 and 31, so also another order passed on the same date below Exhibit 32 in Regular Civil Appeal No. 584 of 2015.
specific performance of contract. The trial Court decreed the suit against which the petitioner has filed the above appeal.
SKNair
2 901-wp-5490-24(j).odt
Appellate Court has rejected the applications filed by the present petitioner under Order XLI Rule 27 and under Order VI Rule 17 of the Code of Civil Procedure, 1908.
SKNair
901-wp-5490-24(j).odt
3
to interfere with the impugned orders. The petition is
dismissed.
[N.R.BORKAR, J.]
SKNair
1 issue framed by the court
Should the appellate court's rejection of applications under Order XLI Rule 27 and Order VI Rule 17 to adduce a correction deed be interfered with?
2 provisions across 1 enactments
Sudhir S/o Charandas Somkuwar
Smt. Urmila W/o Sanjay Wasnik
N.R.Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
