Amit Jagannath Raut And Another v. Balasaheb Ramchandra Raut And Others

( 1 ) 17 wp 6337.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 WRIT PETITION NO.6337 OF 2022 AMIT JAGANNATH RAUT AND ANOTHER

VERSUS

BALASAHEB RAMCHANDRA RAUT AND OTHERS ...

Advocate for Petitioners : Mr. Nagargoje Ankush N. Advocate for Respondents : Mr. Bhide Vinod Y. ...

CORAM : M.G. SEWLIKAR, J.

DATE : 19th September, 2022 P.C.:- Heard.

2.

Learned counsel for the petitioners seeks leave to withdraw prayer clause-B, as appeal lies against the said order. Leave to withdraw prayer clause-B is granted.

3.

The suit is for specific performance of contract. The owner executed an agreement of sale in favour of the respondent no.1 herein. Instead of selling the property to them the owner sold the property to defendant nos.5 & 6. Therefore, this suit came to be filed. 4.

It appears from the submissions made by the learned counsel for the petitioners that entire evidence was over and thereafter the plaintiff filed

( 2 ) 17 wp 6337.22 an application for amendment contending therein that defendant nos.5 & 6 i.e. the petitioners obstructed the possession of the plaintiff over the suit property. Learned trial Court allowed the application, it being a subsequent event. From the amendment application it appears that because of the subsequent event the amendment was necessitated. Therefore, there is no merit in the writ petition. At this stage, learned counsel for the petitioners submits that the trial Court may be directed to dispose of the suit within a specified period.

5.

In the light of above, the writ petition is dismissed. No costs. The trial Court is directed to dispose of the suit within a period of four months from the date of receipt of writ.

[M.G. SEWLIKAR, J.] mub