Pandurang Ganpat Musale v. Deepak Krushna Mhatre
Case brief
What is this about?
Bombay High Court; Civil Revision Applications 162 & 236 of 2024; N.J. Jamadar, J.; decided 11 November 2025. Orders dated 02-12-2023 of Civil Judge, Kalyan rejecting defendants' applications (Exh.34/Exh.20) for rejection of plaint in SCS No.154 of 2024 (specific performance; agreement for sale December 2016; suit instituted 27-04-2022) on grounds of absence of cause of action and limitation. Failure to consider First or Second Part of Article 54, Limitation Act 1963; limitation wrongly deferred as mixed question of law and fact. Orders quashed and set aside; applications restored for afresh decision after hearing and reasons; appearance fixed 01-12-2025; merits expressly kept open. No precedents cited; no costs or amounts awarded.
What did the court decide?
Impugned orders dated 2 December 2023 quashed and set aside; applications (Exh.34 and 20) for rejection of the plaint restored to the file of the learned Civil Judge for afresh determination on merits, after providing an effective opportunity of hearing and recording reasons; parties directed to appear before the learned Civil Judge on 1 December 2025; all questions kept open.