Asaram Deorao Talekar v. M/S Tulsibuildcon Rmc A Partnership Firm Thr Its Partner Vinod Kantilal Mugdia

{1} wp5653-23.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5653 OF 2023 Asaram Deorao Talekar PETITIONER

VERSUS

M/s Tulsi Buildcon RMC, Through its Partner RESPONDENT .......

Mr. A. G. Godhamgaonkar, Advocate for the petitioner Mr. P. P. Patni h/f Mr. P. F. Patni, Advocate for respondent .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 27 th SEPTEMBER, 2023 ORDER :

1.

Respondent - plaintiff filed Special Civil Suit No. 48 of 2018 for specific performance of agreement to sale dated 6th February, 2017 against petitioner - defendant. By filing written statement, petitioner - defendant opposed the suit on the ground that time was essence of contract and plaintiff has failed to perform his part of contract, within the time, stipulated in the agreement.

2.

Along with the suit, application Exhibit-5 was filed by respondent - plaintiff for temporary injunction. After hearing the parties, the said application was allowed by the Trial Court. Petitioner - defendant unsuccessfully challenged the said order

{2} wp5653-23.doc by filing Miscellaneous Civil Appeal No. 154 of 2019. Orders passed below Exhibit-5 and in Miscellaneous Civil Appeal No. 154 of 2019, are impugned in present petition.

3.

Having heard learned advocates for the parties, this court is not inclined to interfere in the concurrent findings of fact recorded by Trial Court as well as by first Appellate Court. Since the suit is at the stage of recording of evidence, it is desirable to direct the Trial Court to expedite hearing of the suit and to conclude it within one year from the date of receipt of writ of this order.

4.

Parties undertake to co-operate in expeditious disposal of the suit.

5.

With aforesaid directions, writ petition is disposed of. [NITIN B. SURYAWANSHI] JUDGE drp/wp5653-23.doc